Wertheimer v. Byrd

Sheran, Justice.

Appeal from an order of the district court denying defendant’s blended motion for a new trial or judgment notwithstanding a directed verdict.

The action involved was instituted by Samuel Wertheimer against Nellie A. Byrd to recover $2,019.12 ($1,000 — the downpayment made pursuant to a contract dated July 1, 1963, for the purchase of real estate owned by defendant; $500 — money paid by plaintiff to secure the release of an exclusive sales listing previously made by defendant with a real estate broker; and $519.12 — damages claimed for expenditures made in improving the realty…