Morrison v. Frazier

Plaintiffs, Mr. and Mrs. Morrison, appeal from that part of a judgment denying recovery from defend ants M. E. Frazier and F. & S. Management & Investment Corp., of the sum of $5,000 allegedly received by the latter for the use and benefit of the former.

Plaintiffs claim they paid the $5,000 to defendants as a deposit on the purchase price of property under a contract of sale evidenced by escrow instructions. The contract was terminated by mutual consent. Defendants claim that $5,000 was paid to them in consideration for an extension of the time within which plaintiffs might perform under the…