Mueller v. Bankers Trust Co.

A plat of land was so located that a bridge across a creek or the establishment of a way to a public road was essential, and defendant, vendor in a land contract dated June 18, 1926, covenanted with Joseph McDonald, the purchaser of two lots at the price of $2,000, as follows:

“It is understood and agreed that first party will either build a bridge across Green creek or will provide a right of way out to Memorial Drive.”

The land contract was the usual printed short form, and the mentioned covenant was inserted after the clause binding the heirs, executors, administrators, and assigns of the…