Walters

This action was brought to recover $500, the amount of a deposit made by plaintiff with defendants, Baldwin and McCaw, real estate agents, on a contract for the purchase of a certain lot belonging to defendant Mitchell. Plaintiff recovered judgment, from which defendant Mitchell appeals on the judgment-roll and a bill of exceptions. The $500 was paid March 26, 1904, and was acknowledged by a writing, which described the lot as being situate on the northeasterly comer of Spmee and Clay streets, fronting forty feet and two inches on Spruce street, by a depth of one hundred and seven feet and six inches on the northerly line of Clay street. The contract provided that plaintiff should have thirty days in which to examine the title, and in case of any valid objections Mitchell should have sixty days additional time in which to perfect the title. Time was made of the essence of the contract, and, in ease of such objections, if the title should not be perfected within the sixty days, the said deposit was to be returned to plaintiff. Plaintiff pointed out two objections, and claimed, on the trial, that each of said objections was valid, and that the defendants had not corrected them or…