Montgomery v. First Mortgage Co.

WATSON, Chief Justice.

This is an action by Margie R. Montgomery, to whom the cause of action was assigned by George E. Montgomery. It seeks recovery of $7,00-0 paid to First Mortgage Company as part of the purchase price of certain real estate and personal property. From a judgment for that amount, defendant has appealed.

A “memorandum of agreement” dated April 28,1931, executed by appellant, therein called the vendor, and delivered to appellee’s assignee, therein called the vendee, witnesses that, in consideration of $7,000, the receipt whereof is acknowledged, the vendor has sold to the…