Nolde v. Gray

Oldham, C.

This was an action instituted by James A. Gray, plaintiff in the court below, against John Nolde, defendant, for the breach of a written contract for the sale of a quarter section of land lying in Clay county. The petition alleged *374that on the 6th day of May, 1901, and prior thereto, the defendant was the owner in fee simple of the land (describing it); that on said day plaintiff- and defendant entered into a contract in Avriting for the sale and purchase of said premises, by the terms of Avhich plaintiff was to pay $1,000 in cash and $5,000 at his option, with interest at 6 per…