Blythe v. Kujawa

Appeal by plaintiff from an order modifying the judgment.

The action began as one for the specific performance of a contract whereby the defendants Kujawa, husband and wife, sold and agreed to convey to plaintiff a farm in Steele county. The contract was made January i, and plaintiff went into possession thereunder on March 1, 1926. Of the purchase price, $500 was paid upon the execution of the contract, and $4,500 was due March 1, 1926. The balance was to be covered by purchase money note and mortgage. Because of the inability of the vendors to tender a marketable title, the $4,500 payment…