Burns v. Hunter

The opinion of the court was delivered by

Dawson, J.:

This was an action to recover $1,000 which defendant received from plaintiff as an advance payment pursuant to a written contract for the purchase of sixty-five shares of bank stock. The contract was not carried into effect; defendant refused to return the down payment; and in the lawsuit which followed plaintiff was defeated, and appeals, assigning error on the trial court’s refusal to give certain instructions and’ to submit certain special questions to the jury requested by plaintiff. The one special question submitted to the jury and the…