Smith v. Smith

Atkinson, Presiding Justice.

(After stating the foregoing facts). The controlling question here is whether the grantor in the bond for title had the right to rescind the contract and resell the property when the notes given for the purchase price had become due and unpaid.

The considerations of the bond here in question were: If the grantee “shall . . pay the said several sums of money at the times specified, then the [grantor] . . is bound to . . execute to the [grantee]» . . a good and sufficient title; . . but on failure of the [grantee] . . to pay the said sums of money, or either of them…