Zanone v. Tashgian

Opinion op the Court by

Judge Willis

Reversing.

James M. Zanone sued Herbert Tashgian to recover the sum of $4,500, witb interest thereon at the rate ,of 6 per cent, per annum from the dates various payments were made to him as a part of the consideration for real property, and for' the further sum of $1,000, with interest, which, it was alleged, defendant had agreed to give plaintiff. The defendant denied the allegations of the petition, and in a second paragraph pleaded, that the payments were made monthly under a rental contract, except an item of $2,000, which had been deposited with…