Edwards v. Stacey

Mrs. Edwards, a married woman, contracted with the defendant, Stacey, as agent for Mrs. Bickford, to purchase a house and lot in Memphis, Tenn., for $5,000. The contract was reduced to writing and signed by the parties. Mrs. Edwards paid the defendant $250 cash, and agreed to- make notes for the remainder of the purchase money upon delivery of a conveyance of the property. Afterwards, before tender of the conveyance, she repudiated the contract, and brought this suit to recover the cash payment made.

There is some controversy whether the $250 was a part payment of the purchase money or a sum…