Henry v. Johnson v. D. Portwood

Summary

The dissent argues that the majority erred in sustaining demurrers to the plaintiffs' pleadings and that the judgment should be reversed and remanded. It holds that the written agreement made time of the essence, precluding any later performance, and that parol evidence cannot alter its terms. The writer also contends that the vendor must return payments if rescinding for the vendee's failure to pay on time.