Bucci v. Bena

This is an action of contract to recover the sum of $800 paid by plaintiffs as a down payment on the purchase price of a single family house at 17 Beacon Street, Malden, Massachusetts. The defendants are John Bena, the real estate broker, doing business as John Bena & Co., and George A. Gill, Jr., the owner and seller of the property.

The plaintiffs’ declaration is in two counts. Count I is against the defendant Bena for money had and received in the sum of $800. Count II is against the defendant Gill and is based upon a written agreement between the plaintiffs and said defendant for the sale *99a…