Nicholson v. Roberts

TEEHEE, C.

In this cause plaintiffs below appear here as appellees, and defendants below as appellants. Our reference to them will be as in their relative trial positions.

The subject-matter of the litigation is the cancellation of a contract for the sale of real estate with the resultant possession thereof. The contract, which -was made a part of the petition, omitting the formal paragraphs, provided as follows:

“That for and in consideration of the sum of $2,590, to be paid as hereinafter provided, parties of the first part hereby, agree to sell and convey unto the parties of the second part,…