Smith v. Griffith

The opinion of the court was delivered by

West, J.:

Smith and his wife, as vendors, sued Griffith and his wife, as vendees, for a portion of the price of a tract of land. The plaintiffs recovered, and the defendants appeal.

The’ contract contained the following provisions:

“Deed to be signed by parties of the first part and left in escrow at the Farmers State Bank, Wheaton, Kan., until second party obtains a mortgage on said land or until he pays for same, to be paid inside one month from date of this contract. First party to have the use of the above-described land to March 1, 1915, without cost…