Kirk v. Welch

Peterson, Justice.

This is an appeal from the judgment entered by the clerk of the district court without further order after the court ordered that the answer and counterclaim be stricken as sham and that plaintiff have judgment against defendant as by default of an answer.

The action is for breach of a contract dated August 9, 1940, by the terms of which plaintiff, as vendor, agreed to sell and convey to defendant, as vendee, and the latter agreed to buy, certain real property. As consideration therefor, defendant agreed to pay the sum of $844.50, to assume the mortgage on the premises, on…