Sherman v. Good

Under the evidence, appellee agreed to purchase certain property from appellant and, as a part of the purchase price, he paid to appellant’s agent $200. The agreement called for an abstract to be furnished appellee, within 30 days, showing a merchantable title, which was not done, whereupon appellee refused to consummate the purchase, rescinded the contract, and demanded a return of the purchase money paid. The title not being merchantable, as agreed, the appellee was entitled to a recovery, and, there being no dispute as to the above facts, the court properly gave the general affirmative…