Allred

Plaintiff sued in damages for breach of contract in the sum of $950. Defendant answered, setting-up a counterclaim for $250. The complaint alleged that on October 8, 1919, plaintiff sold to defendant a certain lot of real estate, with improvements which were then being eon structed thereon, and that a written memorandum of sale was thereupon duly made, executed and delivered by both parties. This memorandum was set out in full in the complaint. It appears therefrom that the parties agreed upon the terms of sale of a six-room house which plaintiff was constructing upon the premises; that defendant paid plaintiff $250 deposit thereon; that this deposit. was to be returned to defendant if all work and material was not satisfactory to him on completion; that certain work was to be done in the house to meet the demands of the defendant as specified in the contract, and that the house was to be painted on both the outside and the inside in colors to suit defendant; fixtures and wall-paper were to be selected by defendant and installed to suit defendant; hardwood floors, tiling, and a shower-bath to suit defendant were to be installed. The complaint alleged that all these conditions were…