Ferrier

This is an appeal from a judgment for plaintiff for the sum of $233.80, and was taken according to the method prescribed by sections 941a and 941b of the Code of Civil Procedure.

The action was originally brought in the justice’s court of the town of Berkeley, and by it the plaintiff, as appears from his complaint, sought to recover the sum of $200, and interest thereon, paid by him to defendant as a deposit on the purchase of a lot of land, under an agreement that the same should be repaid to plaintiff if the title to the land proved to be invalid. It is alleged in the complaint that the title to the land was not good and valid, in that the title of defendant thereto is burdened with certain building restrictions, which are set forth in the complaint.

Defendant demurred to the complaint upon the grounds that the justice’s court had no jurisdiction over the subject matter of the action, and that the complaint did not state a cause of action. This demurrer was overruled, and defendant filed an answer and cross-complaint. In his answer defendant admitted that the land was subject to the building restrictions as alleged in the complaint, but that plaintiff, at the time of entering…