Dorsey v. Berry

Opinion by

Linn, J.,

'This appeal is from a judgment for plaintiff in a suit to recover back money paid on account of the purchase price of real estate. In the agreement the defendant contracted to sell as agent for Flanagan. In his affidavit of defense he admitted that he still held the money “as agent for Flanagan, defendant [plaintiff?] having failed to carry into effect the provisions of the agreement. ’ ’ The evidence is that Flanagan did not have the legal title to the premises at the time fixed for settlement, or at any other time, though defendant proposed (but was not permitted) to…