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EGAN v. McDONALD

No. 88.

246 U.S. 227 (1918)

38 S.Ct. 223

62 L.Ed. 680

EGAN v. McDONALD.

Supreme Court of United States.

Decided March 4, 1918.

Attorney(s) appearing for the Case

Mr. George W. Egan pro se.

Mr. Charles O. Bailey and Mr. John H. Voorhees for defendant in error.

MR. JUSTICE BRANDEIS delivered the opinion of the court.

Egan agreed to buy of McDonald a parcel of land in South Dakota and paid $1,000 to bind the bargain. McDonald agreed to furnish a merchantable title. After examining the abstract, Egan asserted that the title was not merchantable, demanded back his money, and, upon refusal, brought an action in a state court to recover it. Upon substantially undisputed facts judgment was entered for defendant and was affirmed...

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