Whiting v. United Farm Agency, Inc.

GREENE, Presiding Judge.

This is a civil action wherein plaintiff sought the recovery of $10,000 earnest mon*408ey she had deposited with defendant under the terms of a written contract for the purchase of real estate. The case was jury-tried on January 20, 1981, and a verdict in the sum of $10,000 was returned in favor of plaintiff. Defendant filed a motion for new trial alleging, among other things, that the trial court erred in giving the jury instruction No. 8, because such instruction was misleading and confusing, in that it advised the jury how to return a verdict in favor of plaintiff, but…