Talton v. Kaplan Investment Co.

Hall, Judge.

The plaintiffs filed a petition under oath seeking to recover of the defendants $2,500 which they alleged they paid to the defendants as earnest money upon the execution of a contract to purchase real estate, and which the defendants were obligated to return to them because a condition of the contract was not fulfilled and the contract was not consummated. The assignment of error in this court is on the judgment of the trial court sustaining the plaintiffs’ motion to dismiss the defendant’s answer, and awarding judgment for the plaintiffs. Held:

The answer, which made an admission…