Medak v. DePrez

The plaintiffs, payees and holders of a demand promissory note, recovered judgment against the makers of the note. The makers appeal.

The note was given as earnest money, subject to forfeiture, in connection with an offer to purchase certain real estate. The offer was accepted by the sellers, but the transaction was never consummated. The payees of the note were the real estate brokers who had been employed to sell certain property. The sellers of the property were not made parties below. There is no substantial dispute about the making or the delivery of the note.

The principal issue is…