
    SAM L. SMITH v. PILOT INSURANCE AND REALTY COMPANY, Inc., et al.
    (Filed 8 May, 1929.)
    Appeal by plaintiff from Sinclair, J., at April Term, 1928, of MONTGOMERY.
    No error.
    Action to recover damages for breach of contract to procure deed from owners of land conveying tbe same to plaintiff.
    From judgment on an adverse verdict plaintiff appealed to tbe Supreme Court.
    
      W. A. Cochran for plaintiff
    
    
      No counsel for defendants.
    
   Per Curiam.

Tbe only exceptions set out and discussed in tbe brief filed for plaintiff in tbis Court are to instructions of tbe court in tbe charge to tbe jury. Other exceptions appearing in tbe case on appeal are abandoned. Eule 28.

Tbe contract is in writing; its execution is admitted, and it is free from ambiguity. It was correctly construed by tbe court, as a contract to procure from tbe owners within thirty days a deed conveying tbe land to plaintiff, or upon failure to do so, to return to plaintiff tbe money paid to defendants on tbe purchase price. There was evidence tending to show that defendants bad not breached tbe contract, and are therefore not liable to plaintiff for damages. Tbe evidence was submitted by tbe court under instructions which are free from error. Tbe judgment in accordance with tbe verdict is affirmed.

No error.  