Bainum v. Wurster

HOOD, Associate Judge.

Appellees sued appellant, a real estate broker, to recover a deposit they had placed with him under the terms of a contract for the purchase of real estate by appellees. The vendor was not made a party to the action.

Appellees’ contract was to purchase the property from a Mrs. Fegan at a price of $13,850, with a down payment of $3,500. With respect to the balance the contract provided that appellees would “secure” a first deed of trust of “$10,000 or high as obtainable,” and the remaining balance would be secured by a second deed of trust.

Appellees’ testimony was that…