Kasser v. Ke

PEARSON, Judge.

The plaintiff-appellant was the contract purchaser, and the defendant-appellee, W. Y. Ke, was the contract seller of real property. The appellant brought this action to recover his purchase deposit alleging that he was entitled to recovery because the title to the property was not “good, marketable and insurable”. A trial before the court without jury was conducted resulting in the entry of final judgment for the defendants. Subsequently, upon the plaintiff’s motion for rehearing, the trial court entered its order amending final judgment which found as follows:

“1. This cause…