Hotel Randolph Co. v. John C. Watrous Co.

This is an appeal by the plaintiff from a judgment dismissing its action. Appellant sought to recover judgment for five hundred dollars, collected as rental for it by respondent, acting as agent for the collection of rents, and alleged to have been unlawfully retained. The defense was accord and satisfaction growing out of the following: At the request of appellant, the respondent sought a purchaser for certain real property and found one who offered to pay $109,000 on certain specified terms and conditions, and who deposited with the agent a check for $5,000 as earnest money. An earnest…