Barbat v. M. E. Arden Co.

Plaintiff sued for the return of a deposit of $3,000 made to the defendant realty company toward the purchase of real estate. Defendant counterclaimed for its full commission of $10,200. The trial court granted the defendant a summary judgment for the full amount of its counterclaim. We reverse and remand for trial on the merits.

The essential facts taken from the trial judge’s opinion are as follows:

Plaintiff sought to purchase property located in East Detroit. On April 19, 1974 he signed a purchase agreement calling for the purchase of the aforesaid property and delivered a deposit check of…