Witmer v. Fitzgerald

On July 12, 1928, appellants entered into a contract in writing with appellee for the purchase of the west 82^ feet of the south one half of Lot 12 in the town of Adel, Dallas County. The consideration agreed upon was $5,500, and was, by the terms of the contract, to be paid by the assumption by the purchaser and promise by him to pay a mortgage of $2,000, with interest, then on the property, and $40 per month on the first day of each month, commencing August 1, 1928, until the balance of the purchase price was fully paid. Notes evidencing each of the agreed monthly payments were signed and…