THOMAS, Justice.
It was alleged in the complaint filed in the Circuit Court that the Hurds, plaintiffs, now petitioners, agreed to buy from the Beckers, defendants, respondents here, certain property, by sales contract, or deposit receipt, and paid as earnest money the sum of $2000. It was expressly understood, so the plaintiff averred, that if it was revealed in the abstract that the title was not "good and marketable" the payment would be returned and the contract...
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