WORRILL, J.
Where a vendor contracts to sell land for which he holds only an executory contract of purchase, and stipulates with his vendee to convey an insurable title by a specified day in the future, upon the strength of which he receives a part of the purchase price as earnest money, which money the contract provides shall be retained as a forfeiture by the vendor in case of a breach of the contract by the purchaser, and is to be returned to the vendee if the...
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