Smethers v. Lindsay

The opinion of the court was delivered by

West, J.:

Defendant W. S. Lindsay owned 120 acres of land adjoining a large pasture owned by the plaintiff and made an oral agreement with him to sell the tract at $20 an acre, receiving a payment of $50 on the purchase price, the remainder to be paid and a deed given on or before the 10th of March. The plaintiff took possession of the land and moved a division fence and repaired the fence along the boundary. On March 1 the time of payment was extended to May 1 at the request of the plaintiff. Up to this point the parties substantially agree. Lindsay…