Zlotnick v. McNamara

The defendant, by written agreement dated January 7, 1936, agreed to sell his licensed liquor package store to the plaintiff for $1,500, with $200, in addition, to be paid for the stock and fixtures. A bill of sale, in the usual form, was executed by the defendant to the plaintiff, who thereupon paid the defendant $750. According to the testimony of both parties, after these instruments had been executed, the defendant wished to be released from his agreement. The jury could have found that the plaintiff told the defendant he would release him provided the defendant would return the initial…