Tournier v. C. B. Snyder Realty Co.

The opinion of the court was delivered by

Heher, J.

The question for decision is whether the defendant broker is liable for the return of payments made to it by plaintiff on account of the purchase price of a dwelling house owned by a third person. The negotiations did not eventuate in a contract of sale.

These are the essential circumstances: Defendant is a licensed real estate broker. On November '10th, 1941, the landowner, in writing, granted to it “the sole and exclusive right to sell and convey” the lands for the price of $3,800, in cash, or “any other price, terms, and conditions” the…