Tharp v. Lee

GARRETT, Chief Justice.

The appellee and one Everett Scott entered into a contract on July 14, 1899, by which Lee agreed to convey to Scott a certain tract of land which Scott agreed to take and pay therefor $3000, on or before August 16, 1899, and $200 was then paid by Scott to G. W. Tharp, the appellant, who by agreement of the parties , held it as a deposit. It was agreed that if the title to the land should be found good in the opinion of Tharp, who was an attorney at law, the •said sum of $200 was to be applied on the purchase money; but if the title should be found bad, the money was to…