14.

Carl (plaintiff) orally agreed to sell rel estate known as 405 wast A in hutchinson, Knsas to Larkin (defendant) for $17000.00 with $1000.00 down, $7000.00 upon approval of the title abstract, and $9000.00 paid over five (5) years at 5 percent interest. Defendt wrote plaintiff a check for $1000.00 and noted on the check, To apply on 405 East 'A" @! $17000.00 bl. of $7000.00 to be pid on approval of abstract nd $9000.00 to be paid in 5 yers @5 percent Defendant stopped payment on the check nd refused to go through with deal. Plaintiff sued. Who wins and why?