Kendall v. Mussman

COMBS, Justice.

Henry S. Hopke owned a parcel of' land consisting of about 10 acres on Keller Avenue in Jefferson County. Mayme Hop-ke, wife of Henry, was a sister of Fred Mussman, the appellee in this case. On August 12, 1937, Mussman and his attorney conferred with the Hopkes about the pur--*503chase by Mussman of a small lot out of the 10-acre tract. Mussman’s check in the amount of $488 was delivered to Henry Hopke at that time. The check bore the notation: “For purchase of real estate on Keller Ave., Jefferson Co., Ky., to be subsequently conveyed.” The following month Mussman contracted with…