Hoffman v. Kleinjan

On July 12, 1919, respondent and appellant entered into a written agreement whereby respondent agreed to sell and convey to appellant a quarter section of land in Tripp county for $3,500, of which $600 was paid at the time of the execution of the contract, $1,400 was to be paid March 1, 1920, and in payment of the remaining $1,500 respondent agreed to accept a first mortgage on the premises, due March 1, 1925. The contract contained a -clause that time was of its essence, but both parties disregarded this-and on March 27, 1920, appellant paidi the $1,400. He testified that he was then ready…