Lemle v. Barry

This action is brought by the vendee to recover from the vendor the initial payment of five thousand dollars made by the vendee at the time of the execution of the written contract for the sale of land. Plaintiff appeals from a judgment rendered upon sustaining a general demurrer. The contract, which is set out as an exhibit to the complaint, was entered into July 31, 1912, for the sale of the “Barry Ranch,” containing nine thousand four hundred acres of land, at the price of fifteen dollars per acre. The terms of payment were thus stated: “Five thousand dollars to be paid on the execution of…