Holmes v. Bates

This lawsuit grew out of the sale of about 30 acres of real estate, evidenced at first by a contract, and subsequently by a deed of trust. Mrs. Alice B. Bates, the purchaser, made known to H. B. Holmes, the seller, her desire to pay off the amount outstanding on the purchase price. Holmes’ first statement amounted to $1,074.28, but later he reduced it to $725.32. Thereafter Mrs. Bates filed her bill, alleging that she owed only $432.56 and tendered that amount. The prayer of her bill was for an accounting, for the allowance of damages for failure of title to a small parcel, and for an…