Stusser v. Gottstein

This is an action to recover moneys paid under a written agreement, by the terms of which refund was to be made by the payee to the payor upon the giving’ of a specified notice by the latter. Trial by jury resulted in a verdict for the payee. Motion for new trial having been denied, judgment was entered on the verdict, from which the payor has appealed.

The parties to this litigation had for a long time prior to the action been intimate friends, and had sustained frequent business relations with each other. In 1926, they became associated together in the operation and management of North…