Lewis v. Crenshaw

JAMES, J.

In this case, at the conclusion of the hearing of the testimony on behalf of the plaintiff, the court granted a motion for judgment of nonsuit as to Crenshaw Security Company. At the conclusion of all the evidence the court directed the jury to find a verdict in favor of

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the defendant G. L. Crenshaw. The cause was not tried as to the defendant Brent Investment Company, that defendant apparently not having been required to answer the complaint of the plaintiff. The appeal is from the judgment. Originally there were several suits brought against the same defendants by different individuals, all the claims being based upon similar facts and, by stipulation, all of said causes were agreed to be considered and determined at the trial had under the title first above given. As no useful purpose will be served in treating the matter otherwise, we will refer to the case in general as though there were but the one plaintiff interested herein.

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In May, 1914, the plaintiff entered into a contract with defendant Brent Investment Company, a corporation, by which contract, in consideration of the initial payment of a certain sum of money and monthly payments thereafter to be made until the whole sum mentioned in the contract was discharged, the Brent Investment Company agreed to convey to the plaintiff a certain parcel of land. Plaintiff made payment for a time of the various installments required to the Brent Investment Co. A notice was then received by him, which was in part as follows:

“Tour contract with the Brent Investment Company for the purchase of Lot No. 52, in Tract 909, has been turned over to us. . . . Tour future payments must be made to us and we wish you to be prompt according to the terms of your agreement. We wish you would bring your contract with you when you make next payment, so that we may compare amounts paid and see if the duplicate and original contracts agree. This will be a convenience to us as well as yourself. Tours truly,

“G. L. Crenshaw.”

That notice was dated May 30, 1916, and for a number of months thereafter plaintiff made payments to Crenshaw and received receipts for the account. After having so made payments to Crenshaw, plaintiff was notified by Crenshaw at his office that no more payments would be received, as there was some question about the title to the land. It appeared that on the 12th of October, 1911, Brent and his wife, who were evidently the owners of the entire tract, a parcel of which plaintiff had later contracted to buy,