51 Kan. 359 | Kan. | 1893
The opinion of the court was delivered by
The purpose of this action, brought by F. Gr. Brown, was to recover from the Kinsley Exchange Bank a deposit of $500, alleged to have been placed there to the credit of Brown, and which was evidenced by a deposit check signed by the cashier of the bank.
The answer of the defendant in effect was, that L. B. Tewksberry was employed by Brown to sell a tract of real estate, and that he made a conditional sale, upon which $500 was advanced by the purchasers, the conditions being that if Brown should approve of the terms and conditions of the sale, the $500 advanced was to be paid to him, and if he failed to accept and ratify the sale, the money should be returned to the purchasers. Tewksberry deposited the money in the bank with this understanding and upon these conditions, and subsequently, when Brown failed to approve and confirm the sale which had been made, Tewksberry withdrew the money and returned it to the purchasers. The trial, which was with a jury, resulted in favor of the defendant, and the plaintiff complains.
The principal complaint is that the facts alleged in defendant’s answer are not sufficient to constitute a defense to the action. It is argued that the issuance of the deposit check is
Some criticism is made of the instructions, but there is nothing in the record showing that the testimony in the case is all preserved, and hence the objections which are made to the instructions are not available.
The judgment of the district court will be affirmed.