McHale v. Reilly

Opinion by

Me. Justice Simpson,

The court below refused to decree specific performance of a contract, — embodied in a receipt dated January 3, 1920, — the essential parts of which, so far as concerns this appeal, being as follows:

“‘Received of Thomas H. Hopkins, agent, two hundred dollars to apply on down payment for [certain described] land of the undersigned Mary Alice Reilly..... this day sold to-upon the following terms, viz; This payment of $200.00, $4,800.00 on or before Feb. 25, 1920, and the balance secured by a mortgage for $10,000 for three years____

“Mary A Reilly.”

At the instance of…