Wandell v. Johnson

This action was commenced in 1923 to recover installments alleged to be due upon the purchase price of real estate. The ¿plaintiff prevailed in the lower court, and defendant appealed from the judgment.

In January, 1919, the parties to this action entered into an agreement in writing the material portions of which -are the f ollowing:

“If the said party of the second part [defendant Johnson] shall first make the payments and perform the covenants hereinafter mentioned on Ms part to be made and performed, ,the said party of the first part [plaintiff Wandell] hereby covenants and agrees to convey…