Dudock v. Alexander

*137OPINION OF COURT.

The following is taken, verbatim, from the opinion.

WASHBURN, PJ.

We cannot agree with plaintiff’s construction of this contract. We think that the language quoted must be construed in connection with the other provisions of the contract, and that when so construed, it means that if plaintiff failed to deliver a deed of her property because she was not able to convey it free from incumbrance, she should have a right to the return of the money paid, and that a failure to deliver simply because the plaintiff did not choose to fulfill her contract, constituted a breach of the…