Butler v. Cortner

VARIAN, District Judge.

This is an action at law for money had and received. It grows out of an* agreement by respondent Butler to purchase a farm from appellant Cortner. The agreed purchase price of the farm was $27,000. Nine thousand dollars was paid at the time of the execution of the agreement, and the payment of a debt, secured by a mortgage on the premises, was assumed. The remaining instalments were further evidenced by promissory notes deposited in escrow, one of which, in the sum of $1,500 and interest, was due on or before December 1, 1921. In addition, respondent agreed to pay…