California Supreme Court November 21, 1891, No. 13519 (Anderson v. Strassburger)

De Haven, J.

This action is to recover five hundred dollars, received by defendant from plaintiff “ as a deposit and in part payment” for a block of land in the city of San Francisco, which plaintiff agreed to purchase from defendant. The contract contained the following stipulations: “Title to prove satisfactory, or the money to be refunded. ....