Moser v. New Amsterdam Casualty Co.

Alleging fraudulent representations by the broker, the plaintiff refused to consummate a real estate exchange agreement, and instituted this action to recover on the broker’s bond the earnest money deposit converted by the broker. The cause was tried to the court without a jury, resulting in findings and judgment in favor of the plaintiff. The defendant appeals.

The facts, as found by the trial court, are substantially as follows:

In October, 1927, A. A. Said, a licensed real estate broker for whom appellant is surety under Rem. 1927 Sup., § 8340-10, commenced negotiations for an exchange of…