Yarbrough Realty Co. v. Barar

HARWOOD, Judge.

This was a suit to recover $500 paid by the plaintiff as a binder, or earnest money on a contract to purchase real estate.

The complaint was on the common counts for money had and received, and issue was joined on a plea in short by consent.

The defendant, Yarbrough Realty Company, had been given a contract by the owners of the property to sell the same on a commission basis.

On June 23, 1951, after viewing the property, the plaintiff entered into a contract for the purchase. The purchase price was to be $12,032.36, with a $500 binder paid on signing the contract, and $1,750 to be…