Phelan v. Carey

Julius J. Olson, Justice.

This was an action to enforce payment of a check for $500 issued and delivered by defendant to plaintiffs, payable to them as payees, 6r their order, on April 6, 1944. It was given in part payment of the purchase price of plaintiffs’ home in Minneapolis. The deal, an oral one, was at the agreed price of $2,500, of which the check constituted the down payment. Of the remaining $2,000, $600 in cash was to be paid on April 8 and $1,400 by defendant’s assumption to pay that sum as the unpaid balance owed by plaintiffs under their contract of purchase from the owner.…