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KELLEY v. COX

No. 1475.

105 A.2d 255 (1954)

KELLEY v. COX et ux.

Municipal Court of Appeals for the District of Columbia.

Decided May 26, 1954.

Attorney(s) appearing for the Case

Mark P. Friedlander, Washington, D. C., for appellant.

Claire O. Ducker, Sr., Washington, D. C., for appellees.

Before CAYTON, Chief Judge, and HOOD and QUINN, Associate Judges.

QUINN, Associate Judge.

This was a suit on a promissory note brought by Kelley against Mr. and Mrs. Cox. The answer admitted execution of the note, but claimed that the $1,000 note, together with $1,000 cash, was a down-payment on certain real property, given to Kelley as agent for the seller, G. T. Bedient. In their answer the Coxes incorporated by reference the complaint in a prior suit by Mr. Cox against Kelley, which suit sought the return of the $1,000 cash and...

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