Ehrhart v. Ehrhart

The opinion of the court was delivered by

Porter, J.:

On January 12, 1903, Jacob Bausch and wife conveyed by warranty deed eighty acres of land in Jackson county to their daughter, Mary Amelia Ehrhart, on the express conditions that the grantee should pay the grantors on the first day of January of each year during the lifetime of the grantors or either of them “not less than $80 nor more than $100 or so much thereof as said grantors may elect to charge.” Time was expressly made the essence of the contract, and it was agreed that if the grantee “shall fail to make the payments herein specified,…