Littler Et Ux. v. Dunbar

Opinion by

Hibt, J.,

This action in trespass Avas brought by plaintiffs to recover back a hand payment of $1000 made by them on a contract for the purchase of land. The contract and the hand payment Avere induced by the deceit of a real estate agent in the employ of defendant, Everett B. Dunbar. The jury found for plaintiffs against that defendant in the above amount Avith interest. A nonsuit had been entered as to the other defendant. Under the circumstances it seems clear that recovery Avas improperly alloAved in this, an action in tort for deceit. Judgment therefore Avill be entered for the…