Miller v. Montgomery

OPINION

NOBLE, Justice.

Ray E. Montgomery has appealed from a $4600 judgment in favor of Ronald L. Miller for damages resulting from Montgomery’s breach of a contract to sell Miller certain real estate.

When the contract to sell the land was executed, Miller made a $300 down payment. Montgomery, who had had only an option to buy the land, could not furnish title to it and upon Miller’s demand for conveyance delivered to Miller a cashier’s check for return of the $300 down payment on which was written “settlement of contract dated July 13, 1964.” Miller received the check August 7, 1964, retained…