Dubke v. Kassa

A. H. Dubke, the respondent, orally agreed to purchase the home of Mr. and Mrs. Thomas Kassa, the appellants, for forty-four hundred dollars, and made a payment of two hundred fifty dollars. The transaction was evidenced by just one piece of writing, a receipt which read as follows:

“Received of A. H. Dubke $250.00 as deposit on 2418 E. Hartson. Total price to be $4,400.00.

“Thomas Kassa.”

Thereafter, respondent refused to purchase the property, and the appellants were at all times prior to the commencement of this action ready, willing, and able to complete the sale. This action was commenced…