Albert

In this action the plaintiff George C. Albert recovered judgment against the defendant W. J. Pearson in the sum of $2,000 damages for breach of a contract of sale of real property. Pearson appeals from the judgment.

The written evidence of the transaction begins with an agents’ receipt dated March 5, 1920, acknowledging receipt from Albert of a $500 check (made to the agents Kells & Grant), as deposit and part payment on account of the purchase of the described real property, this day sold to said Albert, which said property the purchaser agreed to buy for the sum of $15,000, payable as follows: $15,000 cash (including the amount herein receipted for) upon the execution and delivery of a good and sufficient deed conveying said property . . . together with a guarantee certificate of title by an acceptable title company, etc. “Time is made of the essence of this agreement. ... If the purchaser does not complete the purchase as hereinbefore provided within 15 days after notice from the owner of his ability and readiness to convey said property as herein provided, then the said deposit at the election of said owner shall be forfeited to W. J. Pearson as liquidated damages, and it…