Harper v. McCoy

Harwell, Justice:

Betty M. Harper appeals an adverse verdict and the denial of her motions for a directed verdict and judgment non obstante veredicto which precluded her recovery of monies erroneously credited to respondent Leonard T. McCoy during a real property closing. We reverse.

Harper brought her action to recover $2,488.20 credited to McCoy. Paragraph 2 of the complaint alleges the following cause of action:

“2. That heretofore on or about March 1, 1973, the Plaintiff, for an agreed consideration of One Hundred Twenty-Five Thousand ($125,000.00) Dollars, conveyed that certain real estate…