Johnson v. Fugate

CORN, Justice.

The essential facts which evoked this litigation may be summarized briefly in the following manner. Plaintiff entered into a written contract to convey real property (180 acres of farm land) to J. W. Bradley and wife for $8,000. The parties met in the office of defendant’s attorney to' complete the transaction on February 9, 1953. ■ Plaintiff executed his deed to the Bradleys and defendant’s agent (her husband) paid plaintiff $6,000 in two checks. One check for $3712.32 was drawn payable to plaintiff’s mortgagee to discharge existing indebtedness, and the balance was paid to…