Dobler v. Smith

HALL, C.

This action was commenced by G. G. Smith, defendant in error and plaintiff in the court below, against Ray Dobler and L. G. Thatcher, doing business under the trade name of D. & T. Motor Company, to recover on a certain check of these defendants in the sum of $879.45, which had been dishonored or payment thereon stopped. Ther defendants admitted the execution of the check and pleaded fraud and misrepresentation in procuring it. The primary defense,, however, to the action was in the nature of a cross-petition asking for specific performance of a contract by plaintiff to purchase an…