Williams v. Bricker

The opinion of the court was delivered by

Porter, J.:

The plaintiff and defendant J. W. Bricker entered into a written agreement for the purchase and sale of a farm in Cowley county. The consideration was $35,200. The plaintiff deposited in the bank $1000, which was to be paid to Bricker provided he should, within a specified time, deliver to the plaintiff a warranty deed for the real estate, “with a good and merchantable abstract of title to the same,” when the plaintiff was to pay the balance of the purchase money. Alleging that Bricker had failed to furnish *54such title, the plaintiff brought…