Lundin v. Hill

Custer, Judge.

1. In the first appearance of this case (Lundin v. Hill, 104 Ga. App. 143, 121 SE2d 86), it was established as the law of the case that the petition of Hill, the plaintiff and proposed purchaser of certain real estate from the defendant Lundin, stated a cause of action for recovery of earnest money paid down at the execution of the sale contract, where the facts showed that the property to be conveyed was improved property containing a house; the sale was to be consummated subject to the sellers’ conveying good and marketable title; the purchaser discovered an encroachment of…