Hollingsworth v. Colthurst

The opinion of the court was delivered by

Burch, J.:

The plaintiff sued for stipulated damages claimed to have been suffered on account of the defendant’s refusal to carry out a contract for the purchase and sale of real estate. The transaction involved an exchange of land, and the contract contained the following provision: “It is further agreed and understood by the parties to this contract that each party shall furnish an abstract showing satisfactory title to the above-named properties.”

The petition did not allege that the plaintiff furnished an abstract showing satisfactory title to his…