Horning

Defendant appeals from the judgment that the contract between Theron E. Horning, deceased, and himself, dated October 31, 1951, “is still in force and effect and was not terminated by the death of Theron E. Horning, deceased, and that plaintiff, as special administrator of decedent, is entitled to possession of the premises described in said contract, and upon performance of the obligations of said contract is entitled to all the rights and privileges thereunder. ’ ’

By the pleadings of the parties the court was asked to declare their respective rights under the agreement of October 31, 1951, defendant seller contending that plaintiff’s only right under said agreement is “to receive from this defendant upon entry of such judgment the repayment of all amounts paid to and received by this defendant on the principal of the purchase price provided by the terms of said agreement,” and plaintiff maintaining that said agreement “is in full force and effect; that plaintiff is an equitable owner of said land, and upon completing said payments will have the legal title.”

The court found that by said written contract of October 31, 1951, the “decedent agreed to buy and the defendant agreed…