Engler v. Sainer

CAMERON, Judge.

This appeal is from a judgment for the defendant Phoenix Title and Trust Company and others, upon motion made, after the presentation of plaintiff’s case. The matter was tried before the court without a jury.

We are called upon to determine what duty, if any, the defendant Phoenix Title and Trust Company had to notify the plaintiff of the fact that a check paid to cure a default under a contract of sale had been returned and not honored by the bank when the said defendant had previously on two occasions gratuitously supplied plaintiff with information concerning the payments…