Chin Ott Wong v. Title Insurance & Trust Co.

This is an appeal from the judgment. The action is the result of an agreement for the purchase and sale of real estate in connection with which it is alleged that “time was of the essence” of the agreement and the buyer having defaulted, plaintiff claims the ownership of a certain amount paid by the buyer on account of the transaction.

There is no dispute as to the facts. The record reveals that in the original action the Title Insurance and Trust Company was the only defendant. The complaint in count I is for money had and received; count II alleges the agreement, the default of the buyer,…