of Ga. v. Neal, 161 Ga. 965 (132 SE 385); Stanaland v. Stephens, 78 Ga. App. 68 (2) (50 SE2d 258); Williams v. Gottlieb, 90 Ga. App. 438 (83 SE2d 245); Cole v. Cutler, 96 Ga. App. 891 (102 SE2d 82); Morgan v. Hemphill, 98 Ga. App. 732 (106 SE2d 865); Fleming v. Doran, 98 Ga. App. 837 (107 SE2d 332).

2. The trial court erred in sustaining the general demurrer to the plaintiff's petition which sought to recover $1,100 earnest money paid by the petitioner to the defendant pursuant to the aforesaid contract, said petition showing that the contract had not been consummated and that the defendant had failed and refused to return the earnest money on demand of the plaintiff.