Weidner v. Hyland

The following opinion was filed June 5, 1934:

Fowler, J.

The defendants appeal because they were not awarded judgment upon the counter-claim. The plaintiff *15appeals because he was not allowed recovery of the initial payment of $1,000. The original defendant Geo. W. Hy-land is hereinafter referred to as the vendor.

1. The decision of the case turns on the meaning of two provisions of the contract, reading as follows:(1) “If the buyer fails to perform his part of this, agreement, his earnest payment shall be forfeited to the sellers.”(2) “The sellers agree to furnish the buyer with a merchantable…