Rose v. Helstrom

The opinion of the court was delivered by This action was one by plaintiffs, husband and wife, to recover
damages from defendant, claimed to be due for an alleged breach
of a contract to sell real estate. Plaintiffs appeal from an
order of the trial court sustaining defendant's demurrer to their
evidence, and entering judgment in favor of defendant for costs. On October 3, 1951, plaintiffs entered into a written agreement
with defendant whereby they agreed to buy, and defendant agreed
to sell certain real estate. The consideration was to be paid as
follows: