Palmer (P) sold land to Fox (D) for a price of $1650 with a $247.50 down payment and the balance on monthly installments of $16.50 for five years with the entire amount to be paid before the five years. D made the initial payment and also made monthly payments up until 1931. The balance of the purchase price due was $709.32 by 1933 and P assigned the contract to his wife, and she sued for the balance of the purchase price due in July 1933. D claims P failed to perform the covenants of the contract to make stated improvements and that P failed to tender a deed before commencement of the action. Evidence showed that certain provisions in the contract had not been performed, but other improvements had been made. The court found for P and D appealed.

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