Gilbreth v. Grewell

This was an action brought by the appellee against the appellant, to recover, amongst other things, money paid by the plaintiff to the defendant on a contract for the sale of land. It appears, that in August, 1855, the plaintiff and defendant entered into a written agreement, by which the defendant agreed to sell to the plaintiff certain land therein described, for a price therein stipulated, 217 dollars of which was paid down, the remaining portion to be paid thereafter; and it was stipulated in the agreement, “that if default should be made in fulfilling the agreement, or any part thereof,…