Kofoed v. Bray

This action is one for the specific performance of a contract for the sale of land and water rights. In the beginning the defendant and wife gave to plaintiff a writing which reads this way:

“Hall, Montana, October 23, 1909.

“Received from Hans A. Kofoed One Hundred & Fifty Dollars ($150.00) in part payment for ranch of 200 acres, on Section 31, Township 10, Range 13 W., water rights of located 1869 & 1871. If not as I say and represent the money to be returned.

“ [Signed] Josephine Bray.

“John Bray.”

Three days later the parties met at a law office in Philipsburg. There Josephine Bray executed a…