Hopkins v. Wardley Corp.

WILKINS, Justice:

Plaintiff is the owner of certain real property located in Ogden, Utah, which he listed for sale with defendant, a real estate brokerage. Under circumstances more fully described infra, defendant accepted a $5,000 check as earnest money on behalf of plaintiff from a prospective buyer, which was returned by the bank marked “refer to maker”. Plaintiff brought action alleging misrepresentation on the part of defendant.

From judgment entered in favor of plaintiff in the amount of $5,000 by the District Court, Weber County, sitting without a jury, defendant appeals. Affirmed; costs…