Messer-Johnson Realty Co. v. Security Savings & Loan Co.

The plaintiff, appellee here, entered into a contract with the defendant, appellant here, for the purchase from defendant of a certain house and lot in the city of Birmingham. It was stipulated that the title should be “good and merchantable,” that the seller should furnish abstract to purchaser within 10 days, and that the purchaser should pass on title within 10 days after the abstract was furnished; and that, if .the title should not be merchantable, the seller should refund the cash payment of $1,000 to the purchaser.

Acting on the opinion of its attorney, based on the abstract furnished,…