Klee and Lustig v. Silver

Opinion by

Linn, J.,

This is an appeal from judgment for want of a sufficient affidavit of defense. The plaintiffs who were the vendees under a contract of sale of a house and lot, rescinded, and sued to recover $1,150, of which $1,000 was hand money paid by them to the defendants; the balance, $150, they averred “was paid for the examination” of the title to the land. They averred that by writing, made part of the statement, they agreed to purchase, and defendants agreed to convey by a good and marketable title, the land in question, and that a survey showed that the buildings on the land…