Chambless v. Cain

Frankum, Judge.

1. Where purchasers enter into and retain possession of land under a written contract for the purchase and sale thereof, and the seller retains title thereto and agrees that upon payment of a designated amount of the consideration he will execute a warranty deed to the purchasers and take their note for the balance, the relationship between the parties is similar to that of vendor and purchaser, where notes are given for the purchase price and a bond for title is exe cuted. “In such case, upon default by the vendee in the payment of the purchase-price, the vendor has the right…