Provencher v. Cinto

This is an action of contract to recover $500 allegedly paid by him to the defendant, her agents or servants, as a deposit on the purchase-price of a house. The defendant’s answer is a general denial, plea of payment, denial of signature on agreement, denial of receiving payment of deposit, plea of *89equitable defense under G. L. (Ter. Ed.) c. 231, §31, denial that the real estate broker was the plaintiff’s agent, and a plea that the real estate broker was in fact an independent contractor.

At the trial there was evidence tending to show that in the early part of 1960 the defendant listed her…