Ontjes v. Thomas

This is an appeal from a judgment on demurrer. Defendant and plaintiff’s assignor entered into a contract whereby defendant agreed to sell to said assignor a certain tract of real estate. The contract provided for the payment of *427$5,000 “earnest money” which was paid to defendant when the contract was executed. It then provided for the payment of $10,000 on the 1st day of March, 1920 (and other payments not material)—

“payable on or before the dates named above, or as soon thereafter as a warranty deed, conveying a good and marketable title to said land, is tendered, time being considered of…