Morgan & Lindsey v. Ellis Variety Stores

This is a suit to recover $5,000, deposited as earnest money to guarantee the fulfillment of a contract on the part of the defendant Ellis Variety Stores to sell to the plaintiff, Morgan & Lindsey, and on the part of Morgan & Lindsey to buy, the merchandise and store fixtures in four stores belonging to the Ellis Variety Stores. According to the terms of the agreement, the money was deposited by Morgan & Lindsey in the First National Bank of Lake Providence, La. Hence the bank was made a defendant in the suit. It was dismissed on an exception of no cause of action, but, on appeal, the…