Holloway v. Thiele

Defendant, a real estate broker, returned to the buyer a $3,500 deposit on account of the purchase price of plaintiffs’ property. In an action for moneys had and received, plaintiffs recovered judgment for that amount. Defendant appeals.

Question Presented

Did defendant receive the deposit as plaintiffs’ agent?

Facts

Defendant as a real estate broker was a member of Multiple Listing Service, with whom plaintiffs had listed their property. The listing agreement makes the listing and the selling broker coagents of the seller and authorizes the latter to accept and hold a deposit from the buyer in…