Kleeb v. Bard

The opinion of the court was delivered by

Hoyt, C. J.

In October, 1888, the plaintiff sold to the defendants, F. M. Bard and H. C. Patrick, a certain sawmill with its appurtenances, together with certain timber land and stumpage, for the agreed price of $4,000, of which $2,000 was to be paid at the time the mill was to be delivered, $1,000 in six months and $1,000 in nine months, the last two payments to be secured by mortgage upon the property. Soon after the sale was made the said defendants paid the most of the cash payment agreed upon and took possession of the mill. They, withheld a part…