Carnahan v. Lyman Real Estate Company

Appellant is the owner of certain real estate in the city of Fort Smith, and he listed the same with appellee for sale at a specified price. Shortly thereafter, appellee found a prospective purchaser in the pérson of Albert J. Hess, and secured from Hess a proposition in writing to purchase appellant’s property for the sum of $5,500, payable $3,700 in cash, and notes payable in two and four years with interest. The written proposal also contained a recital that the purchaser “now deposits $250 of the above purchase price with the Lyman Real Estate 'Company, the seller’s agents, to be held by…