Rath v. Wilgus

Colby, District Judge.

This action was begun as an action at law to recover $1,200 paid by appellees to appellants upon a land contract, the terms of which were not complied with. The appellants filed their answer, in which they set up certain defenses and a cross-petition, praying for specific performance of the contract.

In the contract appearing in the record between appellants and appellees the former undertook to sell a half section of land in Hitchcock county for $22,400, payable $1,200 in cash, which was paid by appellees, $10,000 on surrender of deed and acceptance of title, and $11,200…