City of Gallatin v. Feurt

This is a suit for specific performance of a contract to convey a tract of land and for an accounting and judgment as to the terms on which defendant Homer Feurt shall convey the land to the city of Gallatin. The essential question in the case is whether defendant Homer Feurt shall convey the land in controversy to the city subject to the payment of both or only one of two notes for $1,000 each secured by a deed of trust on such land. The plaintiff claims the right to have the land conveyed to it encumbered by only one of such notes, and defendant is willing to and has offered to convey it to…