J. W. Pierson Co. v. Freeman

The opinion of the court was delivered by

Heher, J.

On December 8th, 1922, one Lyman G. Rowe was indebted to appellant in the sum of $798.90, for building materials sold and delivered. On that day, by a contract in writing (in the execution of which his wife joined) Rowe agreed, in consideration of the payment of that sum, receipt of which was acknowledged, to convey to appellant, on or before March 8th, 1923, by deed of warranty, subject to two mortgages totaling $4,400, the tract of land described in the bill of complaint. The vendee was granted the right of possession on March 8th, 1923, and…