Clinton v. Miller

MR. CHIEF JUSTICE ADAIR:

On April 14, I960, J. Henry Clinton and wife entered into a written contract with Ferd Miller and wife wherein the Clintons agreed to sell and the Millers agreed to purchase lot numbered 15 in block numbered 15 of the Lockey Addition to the city of Helena, Montana, for an agreed consideration, one-third whereof was paid upon the signing of the contract with the balance to be paid by the Millers upon the delivery to them of a .warranty deed conveying a merchantable title, free and clear of all encumbrances and liens.

The Clintons delivered to the Millers a duly certified…