Klema v. Soukup

The opinion of the court was delivered by This was an action by a buyer to recover from the sellers an
amount alleged to be due under a written contract for the
purchase and sale of a grocery stock and fixtures. In a preliminary way it may be stated that under date of
October 27, 1949, a written contract was entered into by Gerald
W. Klema as buyer and Joseph D. Soukup and Zdenek J. Soukup,
partners doing business as South Side Grocery, sellers, the
pertinent parts of which were that the sellers sold and the buyer
bought all of the stock, wares and merchandise located in the
grocery with all the furniture and fixtures therein; that the
store should be closed temporarily and inventory taken and
delivered to the buyer at retail price less twenty per cent, and
other details with respect thereto not in issue. The fifth
paragraph of the agreement provided:

"5. The consideration for this agreement is the
aforesaid inventory at retail less twenty per cent
for the stock of goods, wares and merchandise, plus
the stock of furniture and fixtures valued by the
sellers at $3500.00, payable in the manner following,
to-wit:

($5,000.00) Five Thousand and no/100 dollars, to
be paid by buyer to sellers on the signing of this
agreement, to be placed in an escrow account as
hereinafter set out.