Ryan v. Johns

*819The opinion of the court was delivered by

Dawson, J.:

This action arose out of the sale of a farm adjacent to the Kansas river in Riley county.

In 1926 the plaintiff, James Ryan, sold the farm to the defendant, J. L. Johns, for a consideration of $19,000, of which price Johns paid $6,000 in cash, and gave his note for $6,000 payable in three years. The balance was to be paid by the purchaser’s assumption of a mortgage for $7,000 which encumbered the property.

Some time after the transaction was completed and the money paid, and possession taken by the purchaser, plaintiff being in need of money…