Ottenstein v. Western Reserve Academy

This is an appeal from the Court of Common Pleas. Plaintiff, Victor Ottenstein, sued defend ants for the return of $5,000 earnest money he had jjaid to defendant Western Reserve Academy, through its Secretary, R. C. Brouse, who was also a partner of defendant Brouse & McDowell Co., L. P. A.

The $5,000 was paid on September 25, 1974, upon plaintiff’s acceptance of Academy’s offer to sell ten lots m Hudson, Ohio, for $185,340, less an allowance for assessments. The allowance was to be credited against the total sale price. The contract for sale called for the deposit of a warranty deed by…