Tarlow v. Kelly

In this action, plaintiff seeks to recover $10,000 earnest money that he deposited in escrow as part of an agreement to purchase an apartment building from defendant Carlson. Defendants argue that Carlson is entitled to $5,000 of the earnest money and that defendant Kelly, Carlson’s broker, is entitled to the other $5,000. The jury found for plaintiff, and defendants appeal. We affirm.

We state the facts most favorably to plaintiff because of the verdict in his favor. In 1994, Carlson owned the Aspen Highlands Apartments, while plaintiff owned the Six Quarters Apartments. Carlson wanted to…