Goldberg v. Mitchell

(for reversal). This is an appeal from an order denying a ..motion to dismiss plaintiff’s bill of complaint.

The facts are not in dispute and are as follows: On November 26,1945, defendants Leslie L. Mitchell and Miriam Mitchell, his wife, were the owners of a parcel of real estate in Detroit, Michigan. On the above date, they entered into an agreement to sell said property to plaintiff, the written memorandum of which is as follows:

“Nov. 26, 1945

“Received of Louis Goldberg,

“Five Hundred ($500.00) deposit on the sale of our home, located at 18948 Wisconsin Avenue, Detroit, Mich. Balance…