Dundee Land Company v. Simmons

Jenkins, Chief Justice.

The petition shows that on or about April 5, 1943, a written executory contract was executed for the purchase of a lot with a cash-down payment and monthly deferred payments for the balance of the purchase-money. The agreement to purchase was for lot number 19 according to the recorded plat, to which reference was made. The petition shows, however, that defendant, at the time of the preliminary contract to purchase, actually pointed out to plaintiff the lot which was being purchased, and that plaintiff marked it off with stakes in the presence of defendant. The petition…