Van Buskirk v. McClenahan

ST. CLAIR, J. pro tem. *

Plaintiffs appeal from an order granting defendant’s motion for a nonsuit. In granting the motion, the trial court said: “It is the opinion of the Court that there was no diligence shown in this case in the sale of this house. The plaintiffs being in the building business and knowing the market value, and, in fact, the market rising rather than dropping, the Court feels that the defendants in this case didn’t have much to say as to the sale of this property.”

On September 20, 1948, plaintiff as “Seller”, defendant as “Purchaser” signed a document entitled “Deposit…