Scott v. Kirkham

The opinion of the court was delivered by

Wedell, J.:

This was an action to recover the balance of money claimed to be due on a contract for the sale of real estate. Judgment was for the defendant and plaintiffs appeal.

Issues were joined by a petition and answer. The petition, in substance, alleged: Plaintiffs agreed'to sell and defendant agreed to purchase certain described real estate in the city of Topeka; the total consideration specified in the written contract attached to the petition was $9,250; of that amount $9,100 was to be paid in cash *141ánd the balance of $150 was to be paid on…