Howard v. Dayton Coal & Iron Co.

On November 4, 1890, plaintiff made a contract with West, Acosta & Tharp, by which he agreed to convey to them certain land (except the mineral interest therein, which they owned), for a sum to be paid by January 1, 1892, default of such payment to cause a forfeiture by them of all rights under the contract. It was further *417.agreed that they should at once survey the land, divide it •into lots, blocks, streets, etc., have maps made and sell the lots, paying the proceeds to him upon the amount due him, until his claim was paid off, he making deeds to the purchasers. They failed to carry out the…