Fischler v. Nicklin

This is an appeal from a judgment dismissing both appellants’ first cause of action against the respondents for $7,855.41 upon a written contract, and the second cause of action for $600 paid by the appellants at the request of the respondents.

In August of 1953, respondent Jack Nicklin, by conditional sales contract, sold a tavern, or beer parlor, known as “The Hub,” which he operated on leased premises in Toppenish, to Patricia H. Fulp, and subleased the premises to her.

Six months later, on February 3, 1954, when the balance due on the purchase price was $10,855, payable $250 monthly,…