Kirkham v. Spencer

WORTHEN, Justice.

Appeal from a judgment by the court sitting without a jury in an action for unlawful detainer. Plaintiff’s decedent sold the premises to defendants under a written contract requiring monthly payments of $65 per month or more, commencing February 1, 1952, together with interest at 5 per cent per annum upon the unpaid balance.

Defendants answered alleging payment of the monthly installments to August, 1953, and on August 21, 1953, the sum of $4,800.

A pretrial was had and the only issue of fact reserved for trial was whether or not the defendants paid to plaintiff’s decedent…