Preston v. Love

HUGHES, Justice.

This suit was brought by appellee, Friend O. Love, Jr., to recover $500 earnest money paid under a contract for the purchase of certain real estate belonging to Mrs. Bernice Montgomery. The suit, however, is not against Mrs. Montgomery, it is against appellant, John Preston, the agent who was attempting to negotiate the sale.

In a nonjury trial appellee recovered judgment for the amount in suit. No findings of fact were made.

Appellant’s right to retain the $500 deposit is based upon the following provision of the contract of sale: “ * * * But if the title is good, and said…