Rieke v. Smith

The opinion of the court was delivered by

Wedell, J.:

This was a suit to cancel a written instrument, designated an “option contract,” pertaining to real estate and to recover possession of the premises. Plaintiff prevailed, and defendants appeal.

Defendants contend the instrument was in fact a contract of purchase and sale, that they had paid more than one third of the purchase price, made some improvements, and although long in default in payment of principal, interest and taxes, it was inequitable to declare a forfeiture. They urge additional time should have been allowed to pay amounts past…