Ditzen v. Given

The opinion of the court was delivered by

Smith, J.:

This was an action for the payment of money. It was amended to make it, in addition, an action for specific performance. Judgment was for plaintiff. Defendant appeals.

The action was on a written contract referred to as an option to purchase. It was on a blank form in common use in Wyandotte county. Written into the form with a typewriter were the following words:

“In the event that Arthur Given received money on a judgment recovered by him against Midwest Paving Company, he agrees to pay the balance of the purchase price in cash less 5 per…