Roller v. Smith

This suit was brought by Smith and others to recover possession of real estate upon the alleged forfeiture by the vendee, Roller, under the terms of a contract of sale. There were allegations looking toward equitable relief by cancellation of the contract which were eliminated at or before the trial. The plaintiff had a verdict and judgment below, and the defendant, Roller, brings error.

The elimination of the equitable relief was right. The contract provided that upon failure to pay instalments the vendee’s rights and his possession should be forfeited. It was on the ground of failure to pay…