Kyner v. Bryant

Appeal from a decree of specific performance of a contract for the sale of real property.

October 25, 1943, defendant (appellant), the owner of 220 acres of land in Jackson County, entered into a written contract to convey the land to plaintiff (respondent) for a consideration of $40,000 of which $2000 was paid when the contract was signed, and $38,000 was to be paid "cash on delivery of deed." It was agreed, "The seller shall, within ten . . . days from the date hereof, deliver to the buyer" an abstract of title; "The buyer shall have ten . . . days" thereafter to examine the abstract; "If…