FRANKUM, Judge.
This was a suit to recover $500 earnest money paid by the plaintiff-purchaser to the defendant-seller under a contract for the sale of realty by the terms of which the defendant agreed to furnish to the plaintiff a marketable title to said property. The plaintiff alleged that upon examination of the title some 16 objectionable items were discovered, and that the defendant was notified thereof in writing, but that he failed to clear any of the items...
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