Love v. Fetters

The opinion of the court was delivered by

Parker, J.

This is a suit by a 'vendee of real estate to recover back the deposit paid on account of the property, on the ground that the vendor was unable to fulfill the contract. A jury was empaneled at the trial, but the facts not appearing to be in substantial dispute, the jury was discharged by consent, and the case disposed of by the trial judge, who held that plaintiff was entitled to recover, and defendant appeals from the judgment entered on his finding.

*785At the time the contract was made all parties knew that there had been an outstanding…