Gustason v. DeHaven

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is by the plaintiffs from a judgment for costs in favor of the defendant in an ejectment action. The trouble arises over negotiations for a parol modification of the mode of payment in a written contract for the sale and purchase of a tract of land, in which contract time is of the essence of it, and there is no question as to the right of the vendors to- declare a forfeiture for failure of the purchaser to make the payments re*325quired at the exact time specified. The allegations of the answer are that before any…