Jones v. Clarke

Appellant, Jones, undertook to purchase from appellee Clarke a tract of land situated in Willacy county, upon the agreed consideration of $3,000 in cash and Jones’ assumption of an outstanding obligation against the land. Under the provisions of the contract of purchase and sale, the papers in the transaction were deposited in the First State Bank of Lyford. Jones sought to make the cash payment of $3,000 by check drawn against his account with a bank in Ozark, Ark. He drew the cheek and delivered it to the Lyford bank, which accepted it for collection, but thereafter refused to pay over to…