Snow

Plaintiff sued to enforce specific performance of the sale of real property. The plaintiff alleged that on the thirteenth day of September, 1921, plaintiff and the defendant Snow entered into a written contract which is attached as an exhibit to the complaint and is designated as a “Sales Deposit Receipt.” This receipt recited that plaintiff’s agents had received from the defendant Snow the sum of $1,650 as a deposit and part payment on the purchase price of the real property “subject to conditions, restrictions, reservations and easements now of record.” The contract recited that the full purchase price was $11,000, $5,500, including the amount therein receipted for, being payable upon the execution and delivery of deed, together with a guaranteed certificate of title showing title to said property to be in said owner “free and clear of all encumbrances whatsoever, except as otherwise herein expressly provided for, to wit: 1921-22 taxes.” The complaint further alleged that the plaintiff had performed all the terms required of him under the contract, but that the defendant had refused to accept the property and had repudiated the contract. It was also alleged that the property…