West & Wheeler v. Longtin

— The appellant, acting as agent for James A. Taylor, sold to the respondent certain real estate of the value of $14,000, upon which the respondent made a payment evidenced by a check made payable to the appellant in the sum of $i,000. The receipt of this sum was evidenced by an earnest money receipt containing the following provisions:

“But if the title to said described premises shall he found to he good and marketable, free and clear of liens and incumbrances, and purchaser shall fail, re*576fuse or neglect to conclude the sale as per the terms of this receipt, then the earnest money herein…