Berry v. Crouse

BRADY, Commissioner.

This is an action to recover the payments made upon a farm which the plaintiffs alleged they purchased from the defendants under an instrument which they contend to he a contract of sale. A jury being waived, trial was to the court which entered judgment for the defendants on August 8, 1962. This appeal followed.

Plaintiffs alleged that they paid the defendants a total of $14,350.00 at different times during 1956 and 1957; that in December 1957 the defendants notified the plaintiffs that they were in default and threatened eviction proceedings whereupon plaintiffs demanded…