Hellrung v. Hoechst

BARRETT, Commissioner.

This is a three-count action by J. M. Wittels (Arintha Hellrung is a straw party) against Emil and Elsa Hoechst to recover damages for breach of a real estate contract. Count two for actual and punitive damages for fraud has been abandoned. In count one Wittels sought $110,000 damages and the return of $5,000 earnest money for breach of contract while in count three he sought only the return of the earnest money. At the close of the plaintiffs’ evidence the court sustained the defendants’ motion for a directed verdict and the plaintiffs have appealed from the judgment…