Donovan v. Murphy

The action is in equity, to enforce the specific performance by the defendant Murphy of a written contract of sale, of land. The material portion of the writing is as follows:

"That the said party of the first part [Murphy] covenants and agrees to and with the said party of the second part [Donovan] to sell the following described real estate,,to wit: [describing land] subject to a mortgage of $7,600 with interest thereon paid to date of transfer.

"In consideration of the foregoing the said party of the second part agrees to pay for said land $135.00 per A & to assume $7,600 or pay same if he…