Sigler v. Callan

HOOD, Associate Judge.

Appellees sued for the return of a $2,000 deposit made by them on a contract for the purchase of land in West Virginia. The trial court allowed recovery because the contract provided that the purchasers assume a “present first trust” of $14,000, with interest at 5%, when in fact no such trust was existent or available. The trial court further found that the negotiations between the parties after execution of the contract did not result in a new contract or a modification of the existing contract.

Appellant insists that the, trial court was in error in finding that the…