Rose v. Helstrom

The opinion of the court was delivered by

Wertz, J.:

This action was one by plaintiffs, husband and wife, to recover damages from defendant, claimed to be due for an alleged breach of a contract to sell real estate. Plaintiffs appeal from an order of the trial court sustaining defendant’s demurrer to their evidence, and entering judgment in favor of defendant for costs.

On October 3, 1951, plaintiffs entered into a written agreement with defendant whereby they agreed to buy, and defendant agreed to sell certain real estate. The consideration was to be paid as follows:

The amount of $1,000 earnest…