Cummings v. Dolan
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Gilliam, J., entered October 6, 1908, in favor of the defendant, notwithstanding the verdict of a jury rendered in favor of the plaintiff, in an action to recover earnest money paid under a contract to purchase land.
1Opinion of the CourtCrow, J.
Action by J. M. Cummings vs. James Dolan to recover $500 earnest money paid by plaintiff to the defendant on a contract for the purchase of real estate. A verdict was returned in favor of the plaintiff, but the trial court sustained defendant’s motion for judgment notwithstanding the *497verdict, and dismissed the action. The plaintiff has appealed.
The undisputed evidence shows that on November 3, 1906, the respondent executed and delivered to the appellant the following written instrument:
“Seattle, Washington, November 3, 1906.
“Received from J. M. Cummings the sum of Five hundred ($500.00)…
2Cases cited6 opinions
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- Ward v. . DeweyNew York Court of Appeals · 1858
- Lick v. RayCalifornia Supreme Court · 1872
- Dunklin County v. ClarkSupreme Court of Missouri · 1872
- Todd v. . Union Dime Savings InstitutionNew York Court of Appeals · 1891
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3Cited by13 opinions
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