Fraser v. Edmisten

Plaintiff, Joseph H. Fraser, appeals from a judgment in Madison County District Court denying his claim for restitution of payments made under an oral contract for the purchase of defendant’s tavern. The defendant, Donald D. Edmisten, counterclaimed in the alternative for specific performance or forfeiture to him of the downpayments made by Fraser. The trial court granted only forfeiture of the downpayments.

Although plaintiff Fraser raises four issues, three of them are moot because they are directed at Edmisten’s counterclaim for specific performance which the trial court did not grant. Nor…