Cole v. Cutler

Quillian, Judge.

This is an action for money had and received. The plaintiff’s right of recovery depended upon her right to rescind a contract by the terms of which she agreed under certain conditions to buy described realty. She paid $1,100 earnest money to the real-estate broker who negotiated the sale. It was against the real-estate broker that she asserted her right to rescind the contract and recover the earnest money. The seventh paragraph of the petition alleged that she was entitled to rescind the contract because the defendant had failed to obtain a loan for her according to its…