Rosenow v. Miller

In 1916 John Horne and Mabel Horne contracted to sell to George Miller eighty acres of land in Yellowstone county, together with fourteen shares of the capital stock of the Big Ditch Company, for $10,000, payable $1,000 in cash and the balance in annual installments. In 1919 Miller contracted to sell the same land to A. C. Eosenow for $15,500. Eosenow paid five dollars cash, agreed to pay $9,495 on or before January 1, 1920, and agreed to assume and pay the balance ($6,000) due to Horne and wife, according to the terms of the 1916 contract. Miller acknowledged the receipt of five dollars, and…