Sarber v. Harris

BERRY, Justice.

John Harris, plaintiff below, instituted this action against Bud Sarber, defendant below, to recover a deposit of $500.00 for part payment upon the purchase price of realty. The trial resulted in a judgment for the plaintiff and defendant has brought this appeal. Our continued reference to the parties will be by their designation in the lower court.

According to plaintiff’s evidence, he “never actually agreed to buy” defendant’s property, and the check for $500.00, executed and delivered to defendant by plaintiff’s mother, represented merely “good faith money” which, pursuant to…