Snowden

This appeal is from the judgment given in favor of plaintiff and against defendants' on the pleadings.

The action was brought to recover $1,500 paid by plaintiff to defendants as a deposit and as part payment for the purchase price of real estate. It is alleged in the complaint that on the sixteenth day of February, 1907, an agreement or writing was entered into, by the terms of which the defendants agreed to sell to the plaintiff a tract of land containing one hundred and twenty-five acres therein described, for the sum of $62,500, of which sum $1,500 was to be and was paid at the time when the contract was signed, and the balance was thereafter to be paid in certain installments as therein provided. The contract provided: “In the event that the title to the said lands and premises prove defective and cannot he perfected within a reasonable time, we agree to return and pay back to the said F. E. Snowden on demand said payment of $1,500 this day paid to us.”

The complaint further alleges that the plaintiff had the title to said property examined,' and found the title defective and imperfect in certain particulars as follows:

That on the eighteenth day of April, 1907, plaintiff…