Crosby v. Livingston

The opinion of the court was delivered by

Dawson, J.:

The plaintiff herein seeks the return of a thousand dollars which he paid to the defendant, a real-estate agent, as part payment of the purchase price of a Barber county ranch, at a price and upon terms named by defendant, but which the owner of the ranch apparently never authorized and which he positively declined to accept or ratify.

Defendant admitted the receipt of plaintiff’s check for a thousand dollars, as “earnest money and part payment on said ranch,” and that he signed receipt and memorandum pertaining thereto—

“September 19, 1917.

“We…