Ellis v. Wagner

This is an action to recover a balance of twenty dollars, claimed to be due, as the residue of the purchase money of certain improvements made by the plaintiff on lands which the defendant desired to homestead. In the trial court the plaintiff recovered judgment.

The agreement was oral, and the' controversy between the parties turned on its conditions. The plaintiff Aversion of the contract was, that he sold to the defendant the improvements for twenty-five dollars. Of this amount the defendant paid five dollars, and agreed to pay the residue as soon as he homesteaded the lands, and that it…