165 Wis. 54 | Wis. | 1917
The plaintiff by the'contract of agency undertook to sell the defendant’s farm “at and for the price and sum of three thousand ($3,000) 'dollars, to be paid upon the following terms: one half cash, balance on time at six per cent. Upon payment of said sum as above provided,” defendant agreed to convey title “clear of all incumbrances, except a mortgage of seven hundred dollars now on said land,” and furnish an abstract showing a clear and marketable title.
By the Court. — The order appealed from is reversed, and the cause remanded with direction to enter an order sustaining the demurrer, and for further proceedings according to law.