Lowther-Kaufman Oil & Coal Co. v. Gunnell

Opinion op the Court by

Judge Quin

Reversing.. March. 3, 1905, appellee and his wife, entered into an .agreement with N. B. Armstrong in which they agreed to convey to the latter 57 acres of land in Floyd county for the sum of $10.00 per acre. This contract was assigned by Armstrong to the appellant.

It is provided in the agreement that the purchase price is to be paid one month after date, but before the consideration could be demanded by the vendor the number of acres in the boundary was to be determined by *588actual survey, under the direction of and at the expense of vendor, who was to furnish…