Paul F. Clontz and Betty Gean Clontz v. H

February 4, 1952, Rolland J. Hawes and wife and John P. Hawes and wife, as vendors, entered into a written contract for the sale of the real property involved, to O. S. Butler, as purchaser. March 15, 1954, the purchaser, O. S. Butler, and wife assigned the contract to the plaintiffs (appellants) herein. The original purchase price was $90,000. Annual payments of $4,333 of principal, plus interest, were due and payable February 4th of each year. Plaintiffs failed to make the payment due in February, 1957, and were advised by Hawes that, if the payment was not made within sixty days, action would be commenced upon the contract. Plaintiffs thereafter obtained the money necessary to make the payment from one Cecil Brim, and in April, 1957, gave Brim an assignment of their interest in the Hawes-Butler contract.