Zierdt v. Kiel or Keal

Opinion by

Baldrige, J.,

The defendant, under an article of agreement, dated January 8, 1907, agreed to sell a ninety-acre tract of land, located in Butler Township, Luzerne County, in consideration of $1,060, to be paid in “cash or by the sale of timber and sand,” on or before January 8, 1908, at which time a deed was to be executed and delivered. The agreement provided that the plaintiff should have the right to cut and dispose of timber and to sell sand, but all the sales were to be made in the name of the defendant and all bills were to be collected by him. Nothing was paid during the first…