Parchen v. Rowley

(dissenting) — After a careful reading of the record in this case, I come to the same conclusion as that at which the trial court arrived, as indicated in its remarks during the final argument and in its memorandum opinion. The substance of the court’s views, with which I am in accord, is as follows: (a) Appellant’s testimony is not to be believed, (b) When the final payment on the contract matured, there was owing by appellant a total sum of from $710 to $800, which appellant was wholly unable to pay, and so stated, (c) A tender of a deed to appellant would have been a wholly useless and…