Thomas

T his is an action brought to recover the sum of four hundred dollars, for which amount the defendant gave plaintiff his check and on which defendant stopped payment. Plaintiff appeals from the judgment rendered for defendant.

Plaintiff and defendant entered into an agreement for the purchase and sale of real estate, wherein defendant gave to plaintiff his check for four hundred dollars as first payment and agreed to pay the balance into escrow. The agreement contained a provision that the evidence of title was to be in the form of a guaranteed title to be issued by a responsible title company. It was further agreed that in the event the purchaser failed to pay the balance of the purchase price, the amounts paid thereon should, at the option of the seller, be retained as liquidated damages. It was agreed that in the event the title should not prove to be merchantable and the seller should not be able to perfect the same within a reasonable time, the purchaser should have the option of receiving back his deposit and be released from all obligations. It appears that at the time of making this agreement the land in question had been brought under the Torrens title system, of which…