Friede v. Pool

Streissguth, Justice.

Default having occurred in the payment of the last installment due under a contract for deed, plaintiff, as vendor, brought this suit in equity demanding judgment “adjudging the amount due plaintiff from defendants under said contract, and fixing a day at or before- which defendants shall pay the same, and in default of such payment that said contract be forfeited and cancelled, and the plaintiff have restitution of said premises.” The defense was that the plaintiff was unable to perform because of the fact that a narrow strip of land on the north line of the premises…