Erickson v. Wahlheim

(dissenting) — I believe a full consideration of all of the facts found by the trial court requires a result contrary to that reached by the majority. The trial court found:

1. The appellant, John E. Erickson, is the executor of the estate of Anna E. Taylor, deceased.

*182. The respondent, Ester Erickson Wahlheim (daughter of the decedent), contracted to buy the real estate in question on October 6, 1941. She paid the sum of eleven hundred dollars and agreed to pay the balance of the purchase price in monthly payments of thirty dollars each. She made payments in such manner until she made a…