McCarter v. Rogers

The opinion of the court was delivered by

Porter, J.:

In a suit for specific performance a demurrer to the petition was sustained, and plaintiffs appeal.

The plaintiffs allege that defendant agreed to sell them a quarter section of land for $600, one-half in cash to be deposited in a certain bank for his benefit upon his delivery to the bank of a warranty deed, to them; and that it was further agreed that plaintiffs would at the same time deposit in the bank for his benefit a real-estate mortgage for $300 due in three years with interest at the rate of six percent per annum and covering the real…