Kempe v. Nunn

Opinion by

Trexler, J.,

The court below entered judgment for want of a sufficient affidavit of defense. The plaintiff’s statement sets forth that the parties entered into negotiations for the purchase of a house and lot at the price of $4,250, $400 to be paid in event the contract for the purchase of the house and lot should be entered into $40 per month thereafter. The house was to be in good repair. A hundred-dollar Liberty bond was given to the defendant, to be applied on the $400 if the contract should be entered into. The plaintiff found out that the house was in bad condition and notified…