Holtsinger v. Beverly

D. M. Beverly sued Holtsinger Auction System, a partnership, alleging an indebtedness of $160, money had and received. The defendants answered, denying indebtedness, and alleging that by virtue of a sales contract which they had with W. E. Gunter they sold at auction certain land of Gunter to Beverly for $1010 on terms of one third cash and balance in one and two years from date of sale, but the plaintiff had not complied with the contract, and failed and refused to make the agreed cash payment and to execute notes and security deed for the balance of the purchase-price J that the plaintiff…