Byer v. Blau

Opinion by

Baldeige, J.,

This is an action in assumpsit for the return of a deposit of $200 given by the plaintiff to the defendant as agent of the seller of a business which the plaintiff agreed to purchase. According to the admitted facts, Dennis McLaughlin entered into a written agreement of agency on May 1,1931, with the defendant, wherein McLaughlin agreed to pay the defendant certain commissions for the sale of his. grocery and delicatessen business. On September 3, 1931, the defendant procured as a purchaser, Samuel Byer, the plaintiff. An agreement of sale was executed by McLaughlin and…