Chamberlin v. Ivens

This is an action to recover money paid by respondent to appellant upon the purchase price of lands in a Carey entry, and for an additional amount thereafter paid *239•by him to the construction company upon the purchase price, of the water right appurtenant thereto. The complaint sets out the conditional agreement haec verba, and respondent relies for recovery upon the following provision therein:

“That in the event the said vendor fails within one year to secure a patent to said land, then he shall refund back to vendee all money paid him, together with interest thereon at the rate of seven per…