Lasley v. Pendleton

The opinion of the court was delivered by

Burch, J.:

The action was one by a vendor to enforce payment of the consideration stated in a contract to convey real estate. The vendee asserted right to perform by payment of the sum of $7,000 in cash. The judgment was that he execute a mortgage for $8,000, and he appeals.

The original contract was dated June 9, 1917, and was to be performed by September 1. The price was $16,000. The *467terms were one-half cash to be paid by September 1, and one-half secured by mortgage. Pendleton was not able to perform, and on August 17, 1917, secured new terms by a…