Sternes v. Tucker

Buyer Sternes sued real estate broker Tucker and seller O’Bryant for $5,000 earnest money previously paid Tucker. The jury found for the plaintiff; however, the court granted judgment n.o.v. for the defendants.

The principal issue is whether plaintiff’s obligation was subject to an oral condition which had not been fulfilled. The complaint alleges that the earnest money agreement was “subject to, and conditioned thereon, however, upon plaintiff’s father loaning plaintiff the money for the down payment of $20,000 to be made in addition to said deposit.”

*107In the spring of 1958 -the parties…