Durant v. McKelvey

Opinion by

Gunther, J,,

This appeal is from the refusal of the court below to grant a new trial. Wesley H. Durant, appellee, brought an action for the recovery of $1,000.00 dollars down money paid by him to appellant, Thomas Mc-Kelvey, at the time of a conditional contract made for the sale of a horse by appellant for the total price of $2,500.00 dollars. The condition of the sale provided that if a cut or wound to the animal’s left leg could be healed and the blemish substantially removed by treatment within a reasonable time, the appellee would pay the balance due under the contract. Pursuant…