Barber v. Stewart

The parties entered into a written contract whereby the defendant-appellant Leo J. Stewart, agreed to sell, and the plaintiff-respondent to purchase, a parcel of real estate for $16,000. The purchaser paid a deposit of $5,000 on the signing of the contract. A disagreement arose and the purchaser refused to complete the purchase. The purchaser then brought this action to recover the deposit and the expenses of examining the title, alleging fraud and misrepresentation on the part of the vendor with reference to the cellar in a building on the premises.

The defendants interposed a general denial…