Garvin v. Hudson

OPINION

MOISE, Justice.

This is an action wherein plaintiff-appellant seeks to recover $500.00, claimed to he the unpaid balance of the purchase price agreed to be paid by defendant-appellee on a piece of property sold by plaintiff to defendant.

It appears that on or about January 23, 1963, plaintiff agreed to sell and defendant to purchase a farm for the agreed price of $87,500.00 cash. The contract provided that a mortgage on the property should be paid off, "unless Hudson (purchaser), at his sole option, elects to assume the mortgage * * it being understood that in the event the mortgage was…