Evans v. Givens

Appellees, who are husband and wife, sued appellant for money had and received.

On the 28th of May, 1885, the appellant and Darwin B. Givens entered into an agreement by which it is witnessed that Evans “ has this day sold his entire stock of merchandise with store fixtures ” to Givens, “ the consideration thereof to be the invoice price of the same taken from the invoice with five per cent, added for freight. Said invoice to be taken Monday, June 1st, 1885.” Givens “ to take possession of same when invoice is furnished and said purchaser to pay cash for same.” Evans further agrees to. lease…