Kelley v. Ellis

The contract for sale stated, “Possession to be agreed upon [by] buyer and seller,” which was interpreted in the findings of fact of the trial court to mean “that possession was to be granted to the plaintiff on a date to be agreed upon by the parties.” The trial court also determined that Mrs. Ellis should yield possession to Kelley on or before September 15, 1955, and that such provision granted Mrs. Ellis a reasonable time in which to vacate the premises.

Counsel for Mrs. Ellis contend on this appeal that, because of the provision of the contract that possession was to be *336granted to Kelley…