Barryton State Savings Bank v. Durkee

Plaintiff sold land to defendants on land contract containing a reservation to plaintiff of “a one-half undivided interest in and to all of the oil, gas and other minerals * * * for a period of 25 years” and an agreement to convey to defendants, upon performance of the contract, “a good and unincumbered title in fee simple.” After the contract had run for a while defendants paid the unpaid balance before it was due and told plaintiff’s cashier that they “wanted a good title to the place.” The cashier gave defendants a written receipt which acknowledged payment of the contract in full, made no…