Allen v. Gheer

The opinion of the court was delivered by

Dawson, J.:

On October 15, 1913, the defendant, M. S. Gheer, made a written contract with D. L. Allen for the salé of a house and six acres of land in a subdivision near Topeka for $4000. Allen paid $500 on the purchase price, and the contract provided that Allen was to pay the taxes, interest, etc., as they became due, and further provided:

“And it is hereby agreed and covenanted by the parties hereto, that time and punctuality are material and essential ingredients in this contract.”

Allen took possession of the property and Gheer went away to…