Allison v. Garber

Plaintiff sued in tbe municipal court of Atlanta to recover a sum paid to the defendant as a “binder” or “earnest money.” On January 30, 1930, plaintiff and defendant entered into an oral contract by the terms of which, it is alleged, the plaintiff agreed to purchase certain real estate of the defendant in the event the defendant could convey to her an unencumbered good and merchantable title thereto, provided that the Atlanta Title & Trust Company was willing to insure the title thereto. Defendant demanded that the plaintiff deposit with him $25 as “earnest money” to bind the above…