Gerill Corp. v. Sutte

The plaintiff sued for the return of a *5000 earnest money deposit made in connection with an oral contract to purchase land which was not completed. Following presentation of plaintiff s evidence at trial, the trial court directed a verdict and entered judgment in favor of the defendant from which the plaintiff appeals.

The president of the plaintiff corporation, Gerald Heinz, testified that in April of 1972 plaintiff had orally agreed to purchase the land from defendant for *142,500. To evidence its interest the corporation gave defendant a *5000 check as earnest money. Heinz said that it was agreed that…