Phillips v. Weichert

On August 28, 1930, plaintiff sold to defendant an interest in tlie oil, gas, and other minerals under the surface of certain lands in the parish of De Soto, for the price of $1,032, of which amount $100 was paid in cash, and the balance was due and payable on the 15th day of October following. The title of 'the property was specially warranted to be “free from any lien, privilege, judgment, mortgage, or claim whatever.”

It was evidently agreed and understood between the parties that the payment of the deferred part of the purchase price should be conditioned upon the title of the conveyed…