Kaiser
Kaiser v. Mansfield
Opinion
Opinion
Barnard, J.
This is an appeal from a decree quieting title to 640 acres of land in the defendant and the intervener. On July 12, 1948, Joseph S. Lees secured an option to buy this land from J. W. Eddington for a purchase price of $57,600. He gave his check for $1,000 for the option, and on July 16 he secured $1,000 from Margaret Mansfield for the purpose of covering that cheek. On August 24, he got an additional $1,000 from Mrs. Mansfield and $2,500 from Clara Holecheek. Under a contract .dated August 20, 1948, Eddington agreed to sell this land to Lees for -$57,600, the total down payment being $3,800. On October 25, 1949, Lees assigned this contract to a Mrs. Fisher, with whom he had been closely associated for several years. On August 8, 1950, Mrs. Fisher transferred the contract to J. A. Long, whose wife was a sister of Lees.
On March 7, 1951, Mrs. Holecheek filed an action in the municipal court on a note for $2,500 which she had received from Lees on April 16, 1949. On the same day, March 7, Mrs. Mansfield filed an action for $2,000 on an account stated. Judgment in favor of Mrs. Holecheek for $2,750 and costs was entered on October 10, 1951, and another judgment for $2,360.14 and…