Fine v. Soifer

Opinion by

Mr. Chief Justice Moschzisker,

An agreed statement of facts, in accordance with Rule 56 of this court, relates that plaintiff sued to recover a deposit alleged to have been given to defendant as earnest money for the purchase of real estate. The case was tried on April 17, 1924. After hearing plaintiff’s evidence the court below entered a compulsory nonsuit because the testimony showed that, although defendant was sued individually, he was the agent of one Samuel Thompson, which fact was known to plaintiff when he instituted the present action; that the agreement on which suit was…