People's Furniture & Appliance Co. v. Healy

This is a suit for the return of a $5,000 deposit. Defendant was the real-estate sales agent for the owner of a warehouse. The purchase price of the warehouse was to be $250,000. The plaintiff claims that the defendant represented that the property was free from flooding, that in reliance upon such representation, the deposit was made and that plaintiff elected not to complete the transaction when it discovered that there was a possibility of flooding.

Defendant retained the $5,000 deposit on instructions from the owner of the property “for his trouble.” The cause was tried before the circuit…