McNinch v. Rogers

The opinion of the court was delivered by

Johnston, C. J.:

This was an action to enforce and -foreclose a contract for the sale of land. A demurrer to plaintiffs’ petition was overruled and the defendant declined to file an answer to the petition. The court upon evidence as to the amount due under the contract gave judgment for plaintiffs. Defendant appeals and assigns as error that under the contract the plaintiffs were not entitled to the remedy sought, but at most might ask a forfeiture for nonpayment of amounts due after notice of defaults had been given, and was then entitled to eleven…