Wright v. Merritt Realty Co.

The plaintiff brought this action against the Merritt Bealty Company, a corporation engaged in the real estate business, and American Surety Company, surety upon its bond, to recover earnest money paid upon a transaction which was never consummated. The case came on for trial before the court and a jury. At the conclusion of the plaintiff’s evidence, a nonsuit was granted as to the surety company. The trial resulted in a. verdict against the Merritt Realty Company. Motion was made for judgment notwithstanding the verdict, which was sustained and the action dismissed. From this judgment the…