Phillips v. Day

The facts of this case, and the questions presented and tried in the court below, are thus stated in the opinion of the learned judge of the court below, which is set out in the transcript:—

“In this case the plaintiff and defendant, on the thirty-first day of August, 1887, entered into a contract in writing, by which defendant bound himself to sell to plaintiff, and plaintiff bound himself to purchase, a tract of land known as the John Fulkerson place, for the sum of eight thousand dollars; 'five hundred dollars to bind bargain, and two thousand dollars at expiration of sixty days, the…