Southern v. Linville

The opinion of the court was delivered by

Johnston, C. J.:

This was an action for specific performance of a contract relating to the sale of a quarter section of land, brought by J. W. Southern against W. B. Linville and his wife and the Farmers’ State Bank of Chase. The contract on which the claim is based provided that the plaintiff should pay $2,000 down on the transaction; that two notes should be executed by Southern, one for the payment of $1,000 on September 1, 1928, a second note for $1,200 should be paid on or before August 1, 1929, and that plaintiff should assume the payment of the…