Shields v. Dunlap

LESLIE, Chief Justice.

Ernest Dunlap sued Oscar N.- Shields to recover $400 deposited by- the latter as so-called forfeit money in event the latter failed or refused to comply with his obligations under a written contract whereby Dunlap agreed to convey certain lands to Shields for a consideration of $5,000. The trial was before the court and jury, and upon answers of the latter to special issues a judgment was entered for the plaintiff for amount in suit.

The plaintiff’s suit is based upon the terms of the contract, made part of his petition, and he charges the defendant with having breached…