The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-04-25
WANTS LAND
and DAMAGES
w. 3. GEORGE SUES BILLINGS
REALTY COMPANY.
FOR WEST SIDE ADDITION
Action to Compel Compliance With
Old contracts-pefendant
Alleges Forfeiture.
:

AiIeges Forfeiture.
From Wednesdays Daily Gazette.
The West Side addition, n Of the
most desirable Of the outlying resi-
dence portions Of the city, is the sub
ject Of litigation, an action involving
title to a large part Of 1t having been
instituted in the district court this
morning. w. b. George is the plain
tiff and the Billings Realty company
the defendant. The suit is for the
purpose Of compelling the company to
perform it's part Of a contract alleged
to exist between the plaintiff and de-
PENDANT by which the former was to
secure title to the property included
in certain blocks that go to make up
the addition.
In the complaint it is charged that on
April Is, 1898, the original contract
for transfer Of the property to the
plaintiff was entered into between the
parties; that on December Is, 1900, a
second contract was made between
the same parties; that $4,000 is nov
and was on those dates a fair and
just consideration and price for the
land involved. Plaintiff further al
leges that by virtue of the provisions
of the two contracts he entered into
possession pf the land and has made
improvements aggregating in value
5000 and that he has paid taxes on
the land in the further sum Of $500;
that he is still in possession Of the
land except such parts as have been
sold by him and that he has kept and
performed all the terms and condi-
tons imposed upon him in the con.
tracts; and that on April 16, 1902, he
made tender to the defendant of the
sum Of $~14,5S4.10, being the balance
due by him to the defendant OF the
purchase price for the property, to.
gether with interest, as provided by
the terms Of the contracts.
Demanded the Property.
On the date Of the alleged tender
Of the balance admitted to by plaintiff
to be due defendant, he claims to
have made a demand for a deed and
conveyance Of the unsold portions of
the land AS provided in the first con-
tract, a copy of which is attached to
the complaint and is marked Eek
hibit A." This demand vas evidently
refused, as the plaintiff continues to
give further causes Of action and as
grounds for the judgment which he
asks from the court.
Terms Of Contract.
Pursuant to the provisions OF the
original contract the plaintiff de-
clares he had sold, prior to October
IS, 1901, a large number of lots con-
stituting q portion Of the tract of
land under consideration and paid to
the defendant the proceeds, less 10
per cent, the amount the plaintiff was
entitled to retain, according to the
terms Of the contract, for his COM
mission and to cover the cost of sales.
Continuing the complaint alleges that
Notwithstanding the provisions of the
contract the defendant has never ten
dered him a conveyance or deed to
the land or any part thereof, nor has
defendant demanded of him the bal
ancs of the purchase price. Notwith-
standing that he did not offer to pay
the balance due as provided in the
original contract, the plaintiff contin-
ued in possession Of the land, de-
PENDANT making no objection there
to, on the contrary allowing him to
such possession and also sell
portions of the land as before.
No Notice Of Forfeiture.
Still acting under the provisions Of
his second contract, executed De-
cember IS, 1900, plaintiff claims to
have continued to sell lots and dn
other ways live up to the provisions
Of that document. Prior to October
Is, 1901, he alleges he asked for q
extension Of time for the per-
Torrance Of the terms and conditions
Of the contract O. his part; that de-
PENDANT did not refuse to grant the
nor did it give him notice
Of any intention on its part to insist
upon payment Of the balance Of the