Wimer v. Wagner

This is a suit in equity for specific performance of a written contract to convey land. The St. Louis City Circuit Court dismissed the plaintiff's bill with prejudice, and they have appealed.

By the contract the respondent Wagner (whom we shall call the vendor) agreed to sell to the appellants a lot having a frontage of sixty-five feet on Pine Street in St. Louis for a consideration of $157,000, of which $28,000 was to be paid in cash, $110,000 by assuming a first deed of trust on the property, and $19,000 by notes secured by a second deed of trust. Of the $28,000 cash part of the…