Naugle v. McVoy

The opinion of the court was delivered by

Walker, Chancellor.

This is an appeal from a judgment resulting from a retrial of a case m the Union Circuit Court. On the first trial the judge directed a verdict for defendant. This court set that aside and awarded a, venire de novo. On the second trial the defendant had judgment on a verdict of the jury in his favor.

The plaintiff sued to recover $400 earnest money paid to bind a bargain for the purchase of land which defendant *138agreed to convey to him, the balance of the purchase price to be settled upon passing title. This court, in its opinion, said…