Pottock v. Mellott

Court in Banc, on certification by the Superior Court for New Castle County, on a stipulation of facts.

Layton, Chief Justice:

The plaintiff agreed in writing to purchase from the defendants a lot of land in Wilmington, Delaware, if the title thereto should prove to be valid and free of all liens, encumbrances and defects; and, pursuant to the terms of the agreement, paid to them the sum of $100.00 on account of the purchase price. As a result of a title search the plaintiff was advised that the defendants had no title to the property. He demanded the return of the amount of the deposit and,…