Eaton v. Trautwein

Opinion op the Court by

Morris, Commissioner—

Reversing.

Appellants, plaintiffs below, on October 3, 1938, proposed to sell to defendants a lot and improvements in Louisville, described as lot No. 2134, 25 x 140 feet, for $5,300, part cash, and tbe assumption of a loan. They were to convey unencumbered title by general warranty deed, with exception as to some taxes. The contract included certain fixtures and equipment used in the con duct of a grocery. Possession was to be given “ten days after date of deed.”

Plaintiffs in petition, filed in March 1939, alleged acceptance of the contract and that…