Brentnall v. Marshall

The opinion of the court was delivered by

Schoonover, J:

On May 22, 1886, the Osage Carbon Company, a corporation doing business under the laws of Kansas, entered into a written contract by which it agreed to sell and convey to Samuel Marshall, the defendant in error herein, certain real estate in Osage county. Marshall made a cash payment upon the land of $545, and agreed to pay the balance of the purchase-price, $2160, with accruing interest, in five instalments, the last instalment being due May 22, 1891. The contract contained, among others, the following provisions:

“And it is hereby agreed…