Huszar v. CERTIFIED REALTY COMPANY

Plaintiff, who paid $5,000 to defendant, a real estate broker, as a down payment under an earnest money agreement that was never completed, seeks to recover damages for the forfeiture of that down payment.① Defendant demurred to plaintiff’s complaint upon the ground that this court “has previously ruled” that plaintiff is not entitled to the return of that down payment, citing. our previous decision in Huszar v. Certified Realty Co., 266 Or 614, 512 P2d 982 (1973). The trial court sustained the demurrer as well as a subsequent motion for judgment on the pleadings. Plaintiff appeals.

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