Johnston v. Benjamin

Opinion of the Court by

Chief Justice Clay—

Affirming.

On April 24, 1924, Louis Benjamin submitted a written proposition to purchase certain real estate in Louisville owned by Miss Mary Johnston in her own right and as trustee for her sister. The consideration was $125,000.00, payable as follows: “$1,000.00 cash to be paid on acceptance of this proposition; balance to be paid on delivery of the deed.” The proposition was accepted on April 25, 1924, and the $1,000.00 was paid to the Junius Caldwell Company and thereafter paid to Miss Johnston. On July 3, 1924, the owners sold the property to…