Kitchin v. Mori

OPINION

By the Court,

Zenoff, J.:

This was a suit by a buyer, Kitchin, for return of moneys paid as deposit and down payment for the purchase of a business. The trial court dismissed the complaint after presentation of the buyer’s evidence on the ground that he had failed to prove a sufficient case for the court upon the facts and the law, and also that no basis for restitution had been proved.

In May 1965, Kitchin and Mori entered into negotiations for the purchase of Mori’s bar, restaurant and casino business known as the “Club Horseshoe,” in Fallon. In June they entered into a written contract…