Rohn v. Gilmore

— This is an action for money had and received tried to the court without a jury. May 23, 1919, appellant and respondents entered into a written contract, by which appellant agreed to buy, and respondents agreed to sell, certain real estate for $34,000, of which $1,700 was paid in cash and $32,300 was to be paid on or before August 1, 1919. The Potlatch State Bank held two mortgages on the land for $6,000 each. On July 31, 1919, the day before the final payment, interest had accrued on these mortgages in the amount of $542. On that day appellant claims it was agreed that if he would assume…