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ISARD v. APPLESTEIN

No. 2223.

144 A.2d 925 (1958)

Harry ISARD, Appellant, v. David APPLESTEIN, as assignee of the claims of Harry M. Applestein, Herman Applestein, Ben Applestein, Sarah Markowitz, Kate Eisenberg and Ethel Norman, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided October 2, 1958.

Attorney(s) appearing for the Case

Joseph V. Gartlan, Jr., Washington, D. C., with whom Leonard S. Melrod, Washington, D. C., and S. Anthony diCiero, Washington, D. C., were on the brief, for appellant.

Edward L. Genn, Washington, D. C., for appellee.

Before ROVER, Chief Judge, HOOD, Associate Judge, and CAYTON (Chief Judge, Retired) sitting by designation under Code, § 11-776 (b).

CAYTON, Acting Judge.

Action by payee against maker of a check given as deposit on a contract for purchase of real estate. At conclusion of plaintiff's case defendant moved for dismissal and announced that he would stand on the motion and offer no evidence in his own behalf. Decision was in favor of plaintiff.

The case coming to us in that posture we, like the trial court, must view the evidence in a light most favorable to plaintiff.

There was no...

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