Allen v. Bowman

SEBRING, J.:

Appellant sues to compel the return of a down payment made to appellee under an executory contract to purchase certain building lots, which both parties understood were to be used for a hotel site; and to cancel and rescind the contract. By the terms of the contract, seller agreed to furnish an abstract showing his title to be “good and marketable and/or insurable,” and appellant agreed to consummate the purchase within a specified time thereafter, or forfeit his down payment. If title was found not to be “good and marketable and/or insurable,” appellee agreed to make it so within…