Phillips

This is an appeal by the defendant B. Stark from the judgment in favor of the plaintiff for the sum of $3,920.50 as damages suffered by the p1a.int.ifF by reason of the alleged failure of the defendants to complete the purchase of a certain grocery and bakery business, which plaintiff claimed he sold to defendants for the sum of $10,000. A motion for a new trial was denied by the trial court. The appellant desires a review of the ruling of the court on said motion and a consideration of the judgment as a whole.

The testimony in the case developed the following facts:

The plaintiff was the owner of a grocery and bakery and sold it to the defendants for the price of $10,000. The defendants, at the time, gave plaintiff a check for $500 on account, agreed to pay the balance the next day, and received immediate possession. The next day the plaintiff called upon the defendant Stark to obtain the balance of $9,500, and in the course of the interview was tricked into giving him temporary possession of the check for $500. As soon as he got the check, the defendant had it torn up, refused to pay anything on the purchase price, and told the plaintiff that the sale was off, that he would…