Anaheim Co. v. Holcombe

REDDING, J. (Pro Tempore).

The plaintiff appeals from a judgment dismissing its complaint with prejudice. The action was tried to the court without a jury.

The plaintiff in its complaint alleges two separate counts. In the first count plaintiff seeks to recover the sum of $5,000 paid on account of the purchase price of real property under an earnest money agreement. In the second count recovery of the sum of $5,000 is sought based upon the common count of money had and received.

The defendants Holcombe and Mariner were real estate brokers, each engaged in his separate business in Corvallis,…