Burch v. Schmelig

ANDERSON, Judge.

This is an appeal from a judgment on a counterclaim filed by defendant Silas Cain in an interpleader action brought by Edgar Burch, as plaintiff, against said defendant and Alvine Schmelig. The judgment, rendered at a separate trial of the issues raised by the counterclaim, was in favor of defendant Cain and against plaintiff Burch and defendant Schmelig. Burch and Schmelig have appealed.

In said counterclaim respondent alleged that he entered into an earnest money contract, dated June 7, 1954, with Alvine Schmelig, through her agent, Edgar T. Burch; that by said contract he…