Merkley v. MacPherson's, Inc.

Poyhonen, J. †

The appellant, as respondents’ real estate agent, undertook for compensation to find a buyer for respondents’ apartments. In due time appellant presented to respondents for signature an earnest money receipt and agreement, representing that it had found buyers and that appellant had received from the buyers, and was holding, a demand promissory note payable to respondents in the amount of $2,700 as earnest money.

When the respondents and the buyers met at the offices of the escrow agent for the purpose of completing the sale, the buyers refused to proceed further, giving as their…