Koshland

Plaintiffs agreed with defendants for the purchase of certain land, and deposited with the latter five thousand dollars as earnest money pending investigation of the title. This action was brought to recover such deposit, plaintiffs claiming that the title was not good or satisfactory; defendants denied the defects alleged, and filed a cross-complaint to compel specific performance of the contract. The court below held with the plaintiffs. The facts of the case are numerous and have not much interdependence; a somewhat extended statement of them is necessary to an understanding of the dispute.

The contract of the parties bore date August 27,1887; by its terms F. S. and J. R. Spring, the defendants, agreed to sell to plaintiffs all that tract of land in Ala *691 meda county which was conveyed by the sheriff of said county to one Grogan by deed dated October 24, 1876, reference being made to such deed for description of the bargained premises, “ said parties of the first part [the Springs] now being the owners thereof; provided, however, that the title to said lands and premises shall prove good or satisfactory to said parties of the second part [Koshland et al.], and not…