Tomson v. Sell

The opinion of the court was delivered by

Smith, J.:

This was an action for the recovery of money. Judgment was for the plaintiff. Defendant appeals.

The petition made Aaron Sell and the Fidelity State Bank of Dodge City defendants. It alleged that about October 15, 1937, a written contract was entered into between plaintiff and defendant Sell, whereby plaintiff agreed to sell and defendant agreed to buy certain real estate for an agreed price of $3,705, of which $500 was to be paid in cash, and the balance was to be paid on completion of the deal; that the $500 was paid by defendant and was…