Smith v. Rodriguez

The plaintiff brought this action to enforce specific performance of a contract whereby the defendant agreed to sell to a buyer selected by Charles C. Wilhelm certain real estate in the city of Billings. The complaint alleges that on May 15, 1922, the above contract was made with the understanding that defendant would sell the property at a price net to him of $823, the purchaser to assume all outstanding mortgages, interest and insurance “owing on the property”; that Wilhelm effected a sale, prepared a deed conveying the same to plaintiff, and tendered to defendant the $823 paid to him as…