Typed as spelled and written
by Lena Stone Criswell
THE MARLIN DEMOCRAT
Eighteenth Year - Number 59
Marlin, Texas, Saturday, December 14,
1907
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A Tangled Case on Trial.
What promises to become a noted case is now on trial in county court.
It is a civil case styled Whaley vs. McCall, the parties living near Burlington
and involves the sale or purported sale, of a drug store.
McCall bargained to sell Whaley his drug business and Whaley gave him a check on
a Waco bank for $750 in part payment. The check was held several days by
McCall and was then sent to the Waco bank with the request that it be placed to
his credit. In a very short time after receiving the check, stamping it
paid and placing it to the credit of McCall, the bank received a telephone
message from Whaley not to pay the check, the final papers of transfer in the
deal not, having been passed.
The bank notified McCall that payment on the check had been stopped but this
would not satisfy McCall and he advised the bank through his attorney that he
would not release the bank or Mr. Whaley, as he claimed the $750 as forfeit
money. The bank then decided that the $750 should be placed to the credit
of McCall, as the same had already been done before they received the
counter-mand from Whaley. Thereupon Whaley brings suit for the $750 on the
ground that it was a part of the purchase money in a transaction that had
not been closed, and which he did not wish to close.
The plaintiff is represented by Spivey, Bartlett & Carter, and the defendant by
Z. I. Harlan and J. K. Freeman.
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Copyright permission
granted to Theresa Carhart and her volunteers for printing
by The Democrat, Marlin,
Falls Co., Texas.