Simon v. Reilly

Frank Simon entered into a contract with T. E. Dunn to purchase certain real estate and paid $1000 earnest money, which the contract provided should be held by Frank K. Reilly, the broker who negotiated the sale, who was to retain three per cent commission on the purchase price. The contract provided for the payment of $5300 in eight per cent bonds of the Jackson Fire Brick Company of Jackson, Tennessee, and these were also delivered to Reilly though the contract did not provide for such delivery. The contract was abandoned, and the bonds not being returned Simon brought an action of trover…