Elliott v. Henck

CODY, Justice.

This suit was brought by appellant, a feme sole, to recover the sum of $2,200.00 which she .deposited as earnest money in-compliance with the terms of an earnest money r.eceipt to bind the agreement of appellee Cecile 'Chambers to convey appellant certain real estate for the sum of $22,-000.00, cash.

Appellant brought the suit against both the seller in the earnest money receipt contract, the aforesaid Cecile Chambers, and her agent, the real estate broker in the transaction, Arthur Henck. Appellant’s pleadings raised the following issues: (1) that the provision in the earnest…