O'Brien v. Houston

In an action by Mike and Nell O’Brien against Houston a verdict was directed for defendant and the plaintiffs bring error.

The evidence for the plaintiffs was that they made an oral contract with Houston that he should sell them certain lots and build for them a house thereon according to a certain plan, for all of which they were to pay him $5,000, the first payment of which, $1,400, was to be and was made by the delivery and receipt of an automobile at that price; that the house was built, but not according to the agreement, so they refused to accept it and demanded the return of. the car.

The…