Outram

Plaintiff alleged in her complaint that defendant became indebted to her in the sum of $750 for money had and received for her use and benefit; that one-half of this sum had been paid and the balance was still due and payable. The trial court made findings in favor of plaintiff and defendant appeals from the judgment rendered thereon. Defendant, with one other, was the owner of a parcel of land which plaintiff agreed to purchase. An instrument dated October 23, 1923, was drawn up by Kells & Grant, real estate brokers, which both parties signed and which contained a number of provisions such as are usually found in instruments of this kind. In the document receipt was acknowledged by the brokers of the sum of $750 “as deposit and part payment on account of the purchase” of the lot. Apparently both plaintiff and defendant believed it was necessary to complete the transaction within 30 days from October 23, for both testified that there were some negotiations for an extension of time beyond this date. It is not necessary to here set forth the details of this agreement, since neither party complied with its terms. Plaintiff did not complete her cash payment and defendant did not…