Pierce v. Anderson

WILLIAM H. MANESS, Circuit Judge.

This is an appeal from the small claims court of Duval County. In the court below, appellant sought to recover a $250 deposit paid to appellees upon the execution of a contract for the purchase and sale of real property. The material facts were not in dispute. The contract required appellees (sellers) to furnish a title insurance policy showing their title to the real property to be “good and marketable” — and made no mention of deed restrictions.

The title binder revealed deed restrictions, limiting the use of the property to “residential purposes”, and…