Goins v. Garber

Kelly, P.,

delivered the opinion of the court.

A sufficient preliminary statement of the case is this: On the 18th of December, 1907, Elkanah Garber executed ■a title bond to J. H. Goins whereby he bound himself to convey to Goins on or before the 17th of December, 1908, a tract of land containing 107 acres. By the terms named in the bond, the sale was made by the boundary and not by the acre, and the purchase price was $300.00 paid and to *62be paid as follows: $50.00 cash and-$50.00 each succeeding year for five years, the deferred payments being represented by five notes executed by Goins. The…