Murray Bros. & Ward Land Co. v. Keesey

I. On the 26th day of August, 1915, plaintiff and the defendant Charles V.. Keesey entered into a written ¡contract whereby '¡plaintiff agreed to convey to defendant a section of land in Cass County, North Dakota, for an expressed consideration of $56,750, to be paid by defendant’s assuming and agreeing to pay mortgages amounting to $23,000, and the conveyance to plaintiff of a 305-acre tract located in Dallas County, Iowa, subject to a mortgage of $12,000. On December 7, 1915, defendant’s attorneys wrote plaintiff that he elected to rescind the contract, upon the ground that same was…