Tietke v. Union Bank

On submission of this cause to the court upon stipulated facts there was a judgment against appellant for costs. The action is one to recover money paid defendant on two contracts for conveyance of certain lots, the contracts differing only as to the lots described.

These contracts were between defendant, called the “vendor” therein, and plaintiff, called the “purchaser.” They provided that if plaintiff made certain payments by instalments and performed the covenants therein provided for, “said vendor will convey, or cause to be conveyed, ”-the fee simple title to said lots.

Under a certain…