Story v. Hamaker

Plaintiffs brought this law action to recover $10,000 allegedly paid by the plaintiffs as the down payment pursuant to a land sale contract. The trial court sitting without a jury found for the defendant.

Plaintiffs and the defendant’s decedent, Hoyt, executed a land sale contract which recites that the plaintiffs agree to purchase, and Ployt to sell, Hoyt’s ranch for $40,000. The document states the purchase price is payable “$10,000 at the time of the execution of this agreement, the receipt of which is hereby acknowledged.” According to plaintiffs’ testimony the $10,000 was paid by the…