Pressman v. Johns

Opinion by

Trexler, J.,

The plaintiff and the defendant entered into an agreement for the sale of real estate. The plaintiff wasi to pay $1,000 down, which sum in the event of the plaintiff failing to comply with the agreement was to be forfeited to the defendant. Five hundred dollars more was to be paid, (and was paid), 60 days afterward and the balance on settlement. The sale was never consummated, and the plaintiff brought this suit for the recovery of the amounts which he had paid and obtained judgment for want of a sufficient affidavit of defense for the $500 paid by him, being the second…