Finke v. Lemle

The opinion of the court was delivered by This was an action to recover earnest money paid on a contract. The plaintiffs recovered and the defendants appeal. On February 12, 1951, the defendants, Francis A. Lemle and Aaron Eccleston, partners, doing business under the firm name and style of Fowler Construction Company, and the plaintiffs Louis C. Finke and Mildred Finke, entered into a contract which, so far as here pertinent, reads as follows: ""THIS AGREEMENT Made and entered into this 12 day of Feb., 1951, by and between Fowler Construction Co., Meade, Kansas, party of the First Part, hereinafter referred to as `Seller,' whether one or more, and Louis C. Finke, Meade, Kansas, party of the Second Part, hereinafter referred to as `Buyer,' whether one or more, ""WITNESSETH: That for and in consideration of the mutual promises, covenants and payments hereinafter set out, the parties hereto do hereby contract to and with each other, as follows: ""1. The Seller does hereby agree to sell and convey to the Buyer by a good and sufficient warranty deed the following described real property, situated in Meade County, State of Kansas, to wit: ""Lots Twenty (20) and Twenty-One (21), in Block Thirteen (13), Wichita, Addition to City of Meade, County of Meade and State of Kansas. ""2. The Buyer hereby agrees to purchase and pay to the Seller, as consideration for the conveyance to him of the above described real property, the sum of ""Ten Thousand Five Hundred and no/100 Dollars in manner following, to wit: ""Application for $8,000.00 FHA Loan $1,400.00 Down Payment and $1,100.00 at first FHA Inspection Plus estimated closing fees of loan of $250.00. ""3. The Seller agrees to furnish to the Buyer a complete abstract of title . . . . . . . . . . . . . . . . . ""4. A duly executed copy of this Purchase Agreement, together with all other documents in connection with the sale of the above described real estate, shall be deposited with ""Fowler Construction Co., Meade, Kansas. ""Wheeler Kelley Hagny Trust Co., to be delivered to the Buyer upon the Buyer's fulfillment of his obligations hereunder.