Mitchell v. Atwood

AILSHIE, J.-

-This action was instituted for the purpose of collecting past due monthly instalments on a contract for the sale of real property. Plaintiffs and defendants had entered into a contract whereby plaintiffs agreed to sell and defendants agreed to purchase a tract of land on which there was a first and second mortgage. Purchasers agreed to assume payment of the two mortgages and to pay the vendors the sum of $1,088.10 in instalments of $11 each month. A deed to the property was executed and placed in escrow. After making payments totaling the sum of $171.10 the vendees defaulted and…