Kinney v. Sando

This was an action to recover a real estate broker’s commission. The cause was heard by the court, sitting without a jury, and a judgment was subsequently entered dismissing the action with prejudice. The plaintiff thereupon appealed.

The question which the appellant seeks to present for our decision is this: Where a written agreement, evidenced by an earnest money receipt, between parties designated therein as sellers and purchaser, respectively, was the subject of litigation in a former action brought by the purchaser to obtain specific performance thereof by the sellers, and the agreement…