Simmonds v. Long

'The opinion of the court was delivered by

Porter, J.:

William Simmonds, the plaintiff, made a,written contract with Long & Sills to purchase 160 •acres of land, and deposited with them $150 as earnest-*156money and part payment on the purchase-price. The contract was dated December 14, 1906. By its terms possession, was to be given in sixty days, and time was made the essence of the contract. It was further agreed that if a good and sufficient deed and abstract could not be furnished the $150 earnest-money should be returned to Simmonds.

On February 18,1907, which was after the sixty days had…