Main v. Western Loan & Building Co.

This action was brought to recover the payments made upon, a real estate contract and the moneys expended in improving the property. After the action was instituted, the plaintiffs gave notice of their election to have the case tried before a jury, and deposited twelve dollars as a jury fee. The defendant objected to a trial to a jury, claiming that the action was equitable in its nature, and this objection was sustained. The trial to the court without a jury resulted in a judgment dismissing the action, from which the plaintiffs appeal.

The facts essential to be' stated are these: The…