Smulcer v. Rogers

RENFRO, Justice.

Suit was brought by appellant Smulcer, as plaintiff, against appellees Rogers and Harrison, as defendants, to recover the sum of $15,000 theretofore paid by appellant to appellees. By cross-action appellees claimed said money as liquidated damages, or, alternatively, as damages. From a judgment in favor of appellees on the cross-action, appellant prosecutes this appeal.

Appellant offered to buy a trucking business from appellees for the sum of $151,400, partly in cash and in part by properties and other considerations. In the process of negotiations, appellant paid appellees…