Love v. White

Plaintiff appeals from a judgment against her, and in favor of defendant in the sum of $1,897.25 on his counterclaim, in an action for claim and delivery.

Facts: On December 2, 1958, plaintiff, as the seller, and defendant, as the buyer, entered into a written contract for the sale and purchase of a business known as Carol’s Cafe, including the stock in trade, fixtures, equipment, good will, and a lease held by plaintiff which would entitle defendant to possession of the premises for approximately five years, for a total price of $7,000.

The contract, in the form of an escrow agreement,…