Downey v. Arnonoff

The defendant in error brought suit in the Court of Common Pleas of Hamilton county to recover the sum of one thousand dollars, paid by him to the plaintiff in error, designated by the parties as earnest money, on a contract for the purchase and sale of certain real estate.

Plaintiff in error was the agent for the owner of the real estate, for the purpose of making the sale. Under the contract entered into by the seller and the buyer, a payment of one thousand dollars was made to plaintiff in error.

At the close of all the evidence the court in*425structed a verdict for the plaintiff, and a…