McDonald v. Lynch

This was a suit for $50, before a justice, where the plaintiff got a judgment, but on appeal to the Circuit Court, the court, on the evidence, found for defendant, and there would be no question for this court to decide, had not the Circuit Court refused an instruction asked for the plaintiff. The facts were that the plaintiff and defendant agreed upon a sale and purchase of a lot in the city of St. Louis, at a price named, and plaintiff paid the defendant $50 to bind the bargain. But upon their subsequent meeting at the office of a real estate agent, and a tender of a deed by defendant, the…