Baker v. Kaplan

Opinion by

Mr. Justice Schaffer,

Plaintiffs brought suit to recover a balance of purchase money due under a contract for sale of real estate. Defendants set up defects in the title and counterclaimed for the return of the hand money. Before the case came to trial, plaintiffs sold the property to a third person and could not therefore continue in their claim for purchase money. The litigation, however, went forward and resulted in a verdict for defendants for the hand money they had paid; from the judgment entered thereon plaintiffs bring this appeal.

The contract of sale stipulated that the…