Finke v. Lemle

The opinion of the court was delivered by

Parker, J.:

This was an action to recover earnest money paid on a contract. The plaintiffs recovered and the defendants appeal.

On February 12, 1951, the defendants, Francis A. Lemle and Aaron Eccleston, partners, doing business under the firm name and style of Fowler Construction Company, and the plaintiffs, Louis C. Finke and Mildred Finke, entered into a contract which, so far as here pertinent, reads as follows:

“This Agreement Made and entered into this 12 day of Feb., 1951, by and between Fowler Construction Co., Meade, Kansas, party of the First…