Mitchell v. Ralph D. Cohn, Inc.

CAYTON, Chief Judge.

Ralph D. Cohn, Incorporated, a real estate broker, sued appellant William H. Mitchell on a promissory note which. Mitchell had given as a deposit to accompany a contract he tendered for the purchase of certain real estate for $13,500. This price not being satisfactory to the owner, Mitchell raised his offer to $14,000 and authorized the continuance of the note as a deposit. The note was dated September 14, 1946, and was payable September 29, 1946. A new contract dated September 21, 1946, was then drawn and executed by Mitchell and by the seller. It recited that the note…