Bextermueller v. Busken

BRADY, Commissioner.

In this action the plaintiffs-respondents sought to recover $7,000.00 paid by them to the defendants-appellants as earnest money on an unconsummated contract of sale for the purchase of a farm. The parties will be referred to by their designation in the trial court. Plaintiffs received a jury verdict, and defendants have perfected their appeal from the judgment entered in accordance with that verdict.

The plaintiffs’ theory of recovery was based upon their contention that defendants had violated the provisions of the contract of sale with respect to a transfer of title “ *…