Murman v. Manning

Judgment and order denying motion for a new trial unanimously reversed upon the law, with thirty dollars costs to appellant, and judgment directed for the plaintiff for the amount of the check, with interest and appropriate costs in the court below.

The record shows that the verdict was directed for the defendant *831upon the theory that there was no contract made for the sale of the garage business and that the check was given merely as a deposit to show the good faith of the defendant; and that as no damage was proven, no recovery therefor could be had upon the check. The record, however, gives…