Rustuen v. Apro

Ernest Rustuen, the prospective purchaser of a restaurant business in Seattle, brought this action against the sellers, Stephan Apro and wife, to recover thir teen hundred dollars paid on the purchase price. Apro’s attorneys and their respective wives were also named as defendants, but the action was dismissed with prejudice as to them. Apro will be herein referred to as if he were the only defendant and appellant.

The theory of the action was for money had and received, it being alleged that the transaction never culminated in an executed contract of purchase and sale. Apro answered with a…