Winter v. Welker

VAN DUSEN, District Judge.

I. History of the Case

On May 4, 1954, plaintiff filed a complaint against defendants John and Margie Welker, husband and wife, alleging that he had given $12,500 to John Wel-ker, trading as Supreme Motor Freight, in- September of 1953 as his share of the purchase price of such defendant’s business, with the understanding that if plaintiff’s co-purchaser, Robert Holland, did not pay his share of $12,500 within a reasonable time, the agreement of sale which was signed at the time of the delivery of the above-mentioned $12,500 would be destroyed and the plaintiff’s…