Nibley v. Delahunt

BURNETT, G. J.

This action is in the nature of one for money had and received by the defendant for the use of the plaintiff. The latter, in substance, avers that she employed the defendant as her agent to sell for her certain real property, in pursuance whereof he afterwards reported to her that he had *47secured a purchaser at the price of $5,500, whereupon she conveyed the property to the proposed purchaser and the defendant collected from the latter $5,800, accounted to the plaintiff for $5,500, and held the remaining $300, which he has not paid to her although he stipulated in the beginning…