Flyge v. Flynn

OPINION

By the Court,

Horsey, J.:

This case is before us upon the appeal of Ludwig Flyge, the plaintiff in the district court, from the judgment and from the order denying plaintiff’s motion for a new trial.

The facts of this case, as disclosed by the evidence contained in the transcript on appeal, are substantially as follows:

On September 11, 1941, respondent, Ray Flynn, as seller, entered into a written contract with the respondent, W. A. Dressier, as buyer, under the terms and provisions of which said Ray Flynn agreed to sell to said W. A. Dressier an undivided one-half interest in and to…