Germer v. Gambill

Opinion of the Court by

William Rogers Clay, Commissioner

Affirming.

On the 24th day of September, 1902, appellees, William E. Gambill and Catherine Gambill, his wife, entered .into a written contract with appellant, Otto Germer. The material parts of that contract are as follows:

“Witnesseth, That for and in consideration of $40.00 in hand paid, receipt of which is hereby acknowledged as first payment upon the sum of $4.25 per acre,. balance whereof is to be paid one year from this date, the grantor has sold and hereby agrees to convey to the grantee as hereinafter provided, all the coal,…