Wing v. Mollett

The opinion of the court was delivered by

Hopkins, J.:

The action was one for the specific performance of a contract for the purchase of real property and for $1,000 dam*117ages for failure of the defendant to comply with the contract. A demurrer to plaintiffs petition was sustained and plaintiff appeals.

The contract reads:

“Sept. 18, 1922, Arkansas City, Kansas.

“Part payment $3800.00 on propei-ty 810 No. 5th Street. Balance to be paid as follows $800 cash and assume a note of $500 held by Charley Wing. Balance to be paid in the building and loan or to be paid in monthly payments not to exceed…