Pollard v. Biard

SUTTON, Justice.

This is an appeal from the judgment of one of the County Courts at Law, Bexar County, for the recovery of $250 earnest money and interest thereon, under a contract of sale.

The defendant relied upon a. provision of the contract that if the title is found objectionable and could not be cleared in a reasonable time he might demand back his earnest money. He declined to perform after all objections had been met and without having previously given notice of any intention to decline to perform. He was also in default, having stopped payment on the earnest money check the day…