Fulsom v. Egner

Frank T. Gallagher, Justice.

Appeal from an order of the district court denying a motion of the defendant, Bussell F. Egner, for a judgment notwithstanding the verdict or in the alternative for a new trial.

This is an action involving a claim by the plaintiffs, Lyle Fulsom and Amy Fulsom, against the defendant for money deposited with him as their real estate agent under an earnest money contract entered into by the Fulsoms as vendors and one Fredrikka J. Hanson as vendee. The earnest money contract was subsequently cancelled out by the Fulsoms because of nonperformance on the part of Mrs.…