Francis L. Moylan and Yuk Lan Moylan v. Angelina Siciliano

Appellants instituted a suit for specific performance of an installment contract for the sale of certain real property situate in Agana, Guam, and for damages and an accounting. A pre-trial order narrowed the dispute to a single issue, namely, whether the Moylans, appellants herein, had paid to representatives of Mrs. Siciliano, the appellee-vendor, $2,-000 in cash on June 12, 1957 as part of an installment due under the said contract of sale.

At the trial appellants introduced into evidence certain cancelled checks and receipts purporting to show the payment of $7,500 to appellee on June 12, 1957. Appellee’s witnesses testified that one of the receipts, in the sum of $2,000, had been issued by mistake in transactions carried on between them and Mrs. Moylan. The trial court found in favor of appellee to the effect that appellants pay the additional sum to appellee before they would be entitled to the delivery of a deed to the property. Appellants made the payment and in return promptly accepted a deed to the property and had it recorded. After the acceptance and recordation of the deed, appellants moved for a new trial.

As grounds for a new trial, appellants alleged that they…