Kinsley Milling Co. v. Waite

The opinion of the court was delivered by

HopKINS, J.:

Plaintiff appeals from a judgment of the district court refusing to enforce specific performance of a contract for the sale of land on which was located an elevator and coal sheds. The contract was entered into on the 17th of September, 1921. By its terms plaintiff agreed to sell, and defendant agreed to buy, the real estate for a consideration of $10,000. Plaintiff was to furnish abstracts showing the property free and clear of all encumbrances and a good and sufficient warranty deed. Consideration to be paid when abstract was approved and…