OPINION
SHERAN, Justice.
Appeal from an order of the district court denying defendant's blended motion for a new trial or judgment notwithstanding a directed verdict.
The action involved was instituted by Samuel Wertheimer against Nellie A. Byrd to recover $2,019.12 ($1000—the downpayment made pursuant to a contract dated July 1, 1963, for the purchase of real estate owned by defendant; $500—money paid by plaintiff to secure the release...
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