Wilkins v. Fulcher

Bussell, . J.

This case was tried in the lower court upon an agreed statement of facts. Edwin Fulcher sold to one Wimberly a tract of land, which was to be paid for in partial payments, covering a period of several years. The notes represented the purchase price, each maturing on the 1st of November. As a part of the same contract Wimberly expressly agreed that if he failed to pay the first note, which was due November 1, 1909, or any subsequent note as it might mature, he would pay rent “for that current year” for the use of the lands; the rent to be 1,600 pounds of middling lint cotton. This…