Kepler v. Burns

Plaintiff in Error is the Executor of the Estate of Emmett S. Burns, deceased, and will herein be referred to as Executor. Defendant in error James Burns, a son of decedent, will be referred to by name.

This action was commenced November 25, 1955, by the Executor to recover from James Burns the sum of $4,510.84 claimed to be due as interest on the purchase price of certain lands which the Executor offered for sale, and which were bid in by James Burns, as hereinafter set forth.

After issue joined, trial to the court resulted in a dismissal of the Executor’s complaint after he had introduced all…