Kilby v. Murray

Evans,'J.

I. On May 1, 1919, the parties hereto entered into a contract of sale of real estate, whereby the plaintiff agreed to sell and convey and the defendant agreed to purchase and take. By such contract the plaintiff agreed to ‘ ‘ convey or cause to be conveyed, ’ ’ etc., by warranty deed. It also provided that the defendant was to take the land subject to a $9,000 mortgage, “which first party assumes as part of the purchase price *191with interest at 6 per cent from March 1, 1919.” The legal title to this land was in H. J. Grove. The plaintiff purported to perform the contract by producing a…