Hartmeier v. Eiseman

We are here confronted with the question of whether a check on which payment was stopped had been accepted as an absolute or a conditional payment.

On December 17, 1946, the maker of the check and his wife (respondents here) signed an instrument captioned “Agreement to Purchase,” whereby they offered to purchase a farm belonging to the payee and his wife (appellants here) for ninety thousand dollars; and on that date the respondents paid one thousand dollars as earnest money. By this instrument, the respondents agreed to pay the further sum of twenty-nine thousand dollars upon the acceptance…