Wells v. Aufrecht

This action was brought to recover the sum of $400 alleged to be due plaintiff as a balance of the purchase money due and payable to her under the terms of a written contract for the sale of real estate sold by her to defendant. The contract recited that the plaintiff agreed to sell 320 acres of land, describing it, “for the sum of $9,600 ■on which the second party has paid the sum of $1,600.” It further provided for the payment of $3,200 on May 1. 1911, and that the purchaser should assume a mortgage *403of $4,800 against the land. Time was made the essence of the contract, and the contract…