Swanson v. Baldwin

The plaintiff, as referee in partition, brought his action for specific performance to compel the defendant to pay the balance of the agreed purchase price for a tract of land in Montgomery County. The defendant answered, admitting the sale, the amount paid down, $550, and the remainder due in the. sum of $4950 as alleged, and tendering this amount into court “to be held until the disposition of this suit * * * and asks the court to release said tender as it sees fit, subject to any setoff allowed in the accompanying counterclaim.” The defendant then pleaded a counterclaim, alleging the sale,…