Moser v. Jacob Brown Building & Loan Ass'n

Opinion by

Mr. Justice Linn,

This action, brought against three defendants — two building and loan associations and a . trust company— involves (1) a claim to recover a dowmpayment made by plaintiff and (2) a counterclaim by the trust company against him. The jury allowed his claim and disallowed the counterclaim. The defendants appealed at No. 285 and No. 320 alleging error in refusal of motions for judgment n. o. v., in rulings on evidence and to instructions to the jury.

Thirty-nine lots with improvements were the subject of the contract of sale. The legal title was in one Melville, who held…