Kloser v. Davidson

OPINION

Reference will be made to the parties as they appeared in the trial court.

This was an action to recover $100 paid in escrow by plaintiff to defendant Davidson, as escrow agent, under a contract for the purchase of real estate; and also for damages for breach of said contract.

The contract provided that plaintiff agreed to purchase certain real estate from the owners thereof (the defendants Leisinger) for the sum of $3,150, and acknowledged the receipt of $100 down payment to be held- in escrow by the agent (said defendant Davidson), and further provided for the payment of the balance of…