Staats v. Hartman

Hause, P. J.,

On April 29', 1930, the plaintiff and defendant entered into a written contract by which the defendant agreed to convey to the plaintiff, within thirty days from that date, a piece of real estate for a consideration of $7000. By the terms of the agreement, time was made of the essence of the contract. The contract also provided that the premises were to be conveyed “free of all incumbrances and easements.” Possession was to be given on or before June 1, 1930.

The purchaser was required to pay, and did pay, at the time of the execution of the contract, $700, being ten per cent, of…