THOMPSON, District Judge.
The plaintiff sued in assumpsit to recover the sum of $100,000 paid to the defendant on account of the purchase price of certain real estate in Atlantic City, N. J., which the plaintiff agreed to purchase and the defendant agreed to sell and convey under the terms of a written contract by the terms of which the title to the real estate was to be such as would be insured by a certain title company.
It is set out in the plaintiff's...
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