Carroll v. Birdsall

HENRIOD, Justice.

Appeal from a judgment (or judgments) in an action to recover possession of property and damages, including attorney’s fees, for unlawful detention thereof. Reversed and remanded, with instructions. No costs on appeal awarded.

This is an action involving a uniform real estate contract for the purchase and sale of a house and lot. The contract was-dated July 1, 1954, calling for an $11,950' purchase price, a $200 down payment and $100 monthly payments at 6% interest. It had the usual provisions for 1) the sellers (the plaintiffs Carroll) to mortgage the property up to any…