Hogan v. Kyle

*596The opinion of the court was delivered by

Dunbar, C. J.

On the 27th day of February, 1890, respondent and appellant entered into a written contract wherein respondent agreed to sell the appellant certain real estate for the sum of §2,500, one-third of which was paid at the time of the execution of the contract, appellant to pay the balance of the purchase price in two equal installments, the first of which was to be paid on the 27th day of May, 1890, and -the second on the 27th day of August, 1890. Time was expressly made the essence of the contract. The appellant paid no part of the purchase…