Myrick v. Leddy

Myrick contracted to sell and convey to Leddy marketable title to 520 acres of land in McCulloch county, Tex. Leddy deposited $310 as earnest money on the contract, to be paid on purchase price if the contract were performed; or, in the event of breach thereof by Leddy, to go to Myrick as liquidated damages. Leddy rejected the title tendered on the grounds that it was not marketable. Myrick sued for the $310, alleging that he had tendered a marketable title. The trial court rendered judgment against him, from which he has appealed. The sole issue is, therefore, the marketability of the title…