Hamilton v. Binger

*417The opinion of the court was delivered by

Parker, J.:

This was an action to recover the balance claimed to be due on a real-estate contract. Defendant prevailed and plaintiff appeals.

Material portions of the petition read:

“2. On or about September 8, 1945, the plaintiff and defendant entered into a written contract, a full, true and correct copy of which is hereto attached marked Exhibit ‘A’ and made a part hereof.

“3. Plaintiff has fully complied with her part of said contract and has heretofore furnished and delivered to the-defendant an abstract of title showing marketable title to the real…