Allen v. Home Service & Construction, Inc.

The allegations of the petition and the exhibit attached thereto show that the plaintiff entered into a contract with the defendant corporation under which he was to purchase certain real estate from it. The contract shows that the plaintiff paid to the defendant corporation $500 as earnest money, which $500 was to be applied to the purchase price of the real estate at the time title passed. The contract provided that the only reason the plaintiff would have for not completing the transaction would be “lack of marketable title in the seller.” The petition shows that the sale was never…