McDonald v. Whaley

Appellee, Whaley, instituted this suit to recover of appellants, McDonald and Edwards, the sum of $4,500, alleged to have been paid them by him on a verbal contract for the purchase of 320 acres of land. He alleges in substance that the money was originally paid under' a written contract for the sale of three quarters of a certain section of land in Deaf Smith county, said contract dated May 5, 1913; that thereafter, on the following day, .the written contract was by mutual consent abandoned and canceled, and the above-specified sum of money was by oral agreement to be applied as a cash…