O'Meara v. Saunders

NORVELL, Justice.

This is an appeal from a money judgment in the principal sum of $7,000 rendered by the district court in favor of plaintiff, J. M. Saunders, and against defendant, E. L. O’Meara. Plaintiff’s suit was for the return of earnest money deposited with a land purchase contract.

The trial court held as a matter of law that O’Meara, the seller, had not complied with his agreement to furnish a good and marketable title to the property, discharged the jury and rendered judgment for Saunders. O’Meara has appealed.

Appellee’s pleaded theory was that appellant could not and had not, prior…