Nearhos v. Keith

Plaintiffs entered into a contract for the purchase of certain real estate from defendants and paid cash the sum of $250. Plaintiffs insist the abstract of title disclosed more mortgages than stated in the contract (though not greater in amount), and on advice of counsel declined to consummate the sale, and sued to recover the cash payment under the contract stipulations. Smith v. Blinn, ante, p. 24, 127 So. 155.

The contract was the result of the activity of a real estate agency which in fact received the cash payment, and none of which reached the hands of the defendants. The question of…