SADLER, Justice.
The defendant (appellant) complains of a money judgment rendered against him by the district court of Dona Ana County for the return of $1,000, earnest money, theretofore paid him by plaintiff under a contract for the purchase of certain real estate in the performance of which the defendant as a seller was said to have defaulted. The cause was tried on plaintiff's motion for summary judgment, to which were attached the affidavit of plaintiff, the...
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