Kirby v. Woolbert

This suit was instituted by the vendee of a real-estate contract to recover from the vendor an amount alleged to have been paid in excess of the purchase price. Judgment was also sought against the Washington Escrow Company, alleged to have paid out the amount in violation of the vendee’s instructions. The cause was tried to the court. Judgment was entered for the plaintiffs against both defendants, and the defendant Washington Escrow Company was given judgment over against the defendant executrix for any amount which it might be required to pay to the plaintiffs. Both defendants have…