Hinish v. Oliver

The opinion of the court was delivered by

Cunningham, J. :

This was an action to compel specific performance of a contract for the conveyance of real estate. The contract rested in letters exchanged between the parties, the essential parts of which are as follows :

“Eureka, Kan., Jan’y 1, 1901.

“ G. F. Oliver, New Philadelphia, Ohio:

“Dear Sir — My partner, John C. Hinish, I think, will give $3200, for the farm with the improvements, $700 cash, and $2500 on 7 years’ time at 6 per cent, interest annually. Very truly,

Frank Dibert.”

Mr. Oliver replied as follows :

“New Philadelphia, Ohio, Jan’y 15,…