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Contracts Keyed to Dawson
Ziehen v. Smith
Facts
Under the contract, Defendant was to convey a country hotel and some adjacent land to the Plaintiff. Plaintiff was to pay $500 down at the execution of the contract and $300 more on September 15, 1892; to assume an existing mortgage of $1,000; and $1,700 by his bond and mortgage on the property. The lower courts assumed that the payment of $300, execution of the bond and mortgage and delivery of the conveyance by the Defendant were to be concurrent acts, and that they were to take place on September 15, 1892. The lower court allowed the Plaintiff to recover.
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