Wellden v. Roberts

PRICE, Judge.

“The amended complaint consisted of four counts, three of which, namely, 1, 3 and 4, claimed damages in the sum of $1000.00 on account of fraud perpetrated by the defendant upon the plaintiffs, and one of which, namely, count 2, claimed $455.00 for money had and received.

“Briefly stated, the allegations of counts of the complaint based on fraud were that the plaintiffs, being the owners of certain real and personal property, employed the defendant, a real estate' broker, to procure a purchaser for said property by selling the same at public auction, and agreed to pay the…