Lapsley v. Tatum

GUITTARD, Chief Justice.

The seller in a real estate contract sued the purchaser to recover an escrow deposit. The purchaser counterclaimed for the deposit and for recovery of certain payments made to the seller. The principal issue at the trial was whether the seller could deliver marketable title. After a verdict favorable to the purchaser, the trial court denied the seller’s claim and rendered judgment for the purchaser on his counterclaim. On appeal the seller contends that the verdict does not support the purchaser’s affirmative recovery. The seller also complains of interest and an…