Monger v. Effland

This was an agreed case submitted under the provisions of section 549 of the civil code, without any pleadings and without the introduction of any evidence other than the agreed statement of facts. The purpose of the action was to determine which of the parties was entitled to withdraw the sum of $400, deposited by appellee in the Stock Exchange Bank of Caldwell, Kansas, in escrow, to be delivered as a first payment on the purchase price of the land belonging to appellant, of which one Hembrow negotiated a sale from appellant to appellee. At the time of the deposit, Hembrow and the appellee…