Graboyes v. Kapner

Opinion by

Tbexuee., P. J.,

On March 13, 1925, the parties entered into an agreement in writing for the sale of a theatre, the price fixed being the sum of $50,000. The agreement provided for an initial deposit of $1,000, an additional payment of $1,500 within fifteen days thereafter and final settlement by April 27, 1925. The first installment was paid and the second. It is in regard to the latter and the matters coincident with it that the dispute involved in this case arose, and the present suit is brought for the return of the moneys paid.

The plaintiff and his witnesses testified to an oral…