Muller v. John J. Davi & Bro.

Plaintiff sued.as assignee for collection of one E. Varanini to recover moneys misappropriated by John J. Davi & Brother, real estate brokers. The Fidelity and Deposit Company of Maryland was sued upon its bond given the real estate brokers as surety under the Real Estate Brokers’ Act of July 27, 1919, as amended (Deering’s Gen. Laws, Act 112). Plaintiff had judgment and the surety company alone has appealed upon typewritten transcripts.

The facts are without material conflict. Plaintiff’s assignor, through the agency of the real estate brokers, sold certain property to Palestini for the total…