Wisdom v. Rollins

FLANIGAN, Judge.

Plaintiff Robert R. Wisdom, d/b/a Robert R. Wisdom Oil Company, brought this action against defendant Jack Rollins for $5,000 based on a claim that a loan in that amount was made by plaintiff to defendant on February 4, 1981, and was unpaid. Attached as an exhibit to the petition was plaintiff’s check dated February 4, 1981, in the amount of $5,000 payable to defendant which defendant admittedly cashed.

Defendant’s answer pleaded that the transaction represented by the check was not a loan but “was earnest money given to the seller (defendant) by the buyer (plaintiff) to seal…