Vittor Et Ux. v. Szymanski

Opinion by

Mr. Chief Justice Kephart,

Appellees, Louis Yittor and wife, agreed to exchange their farm property, which was subject to a mortgage of $3,200 and another encumbrance, for a city property belonging to appellants, Michael SzymansM and wife, and $600 cash, $500 of which was paid by note on the execution of the agreement. On default or breach of the contract, the deposit of $500 was to be forfeited. The farm was worth $7,300 and the city property $6,000. The Yittors were to mortgage the town property for $2,500 and with $1,900 from that mortgage together with the $1,300 owed by the…