Root v. Wear

The opinion of the court was delivered by

Johnston, C. J.:

This was an action brought by Hiram C. Root to recover from the Kaw River Sand Company and others *235a small tract of land bordering on the Kansas river. On July 12, 1900, Root executed a warranty deed purporting to convey the absolute title of the tract to P. E. Wear for a consideration of $500. At the same time Wear entered into a written agreement to the effect that if Root would pay to Wear not later than October 12, 1900, the sum of $513.75, Wear would re-convey the tract to Root, and that time was of the essence of the contract. On…