Emerson v. Citizens State Bank Ex Rel. Veigel

Plaintiff appealed from an order denying her motion for a new trial.

On February 15, 1926, plaintiff by letter sent to defendant bank a deed conveying certain land to one Luecken with instructions to deliver upon his paying $1,200, “providing the full amount is placed' in the bank as my account.” The bank acknowledged the receipt of the letter and restated the instructions. On March 20, 1926, the bank delivered the deed to grantee upon his leaving with the bank $1,190 and claiming a credit of $67.51 because of taxes. Thereupon the bank wrote plaintiff that the grantee “requests that this item…