Giroir v. Veith

Plaintiff entered into an agreement with Joseph Fank, through his agent, Philip Veith, for the purchase of certain real estate belonging to Joseph Fank and other members of his family in indivisión. Pursuant to the terms of the agreement, plaintiff deposited with Fank’s agent, Veith, $250, that amount representing 10 per cent of the purchase price. Subsequently, for reasons which we are not now concerned with, the title to the property was rejected, and this suit was brought against Fank and Veith for the return of the deposit of $250.

Veith answered, acknowledging receipt of the deposit, and…