Blain v. Spencer

Plaintiffs in error sued to recover $1,000 as the unpaid balance of the purchase price of real estate, and to foreclose a vendor’s lien under section 10961, O. S. 1931. The trial court sustained a demurrer to their evidence, and that ruling is assigned for reversal.

Plaintiffs alleged and proved, and defendants admitted, that the consideration for the sale was $4,000, of which defendants paid $3,000 in cash and agreed to pay the balance by the conveyance to plaintiffs of an undivided one-half interest in the minerals in a 40-aere tPact of land owned by defendants; that defendants represented…