Lubin v. Hedtler

This is an action of contract brought to recover a deposit of $500 on an alleged agreement for the *423sale of real estate. The declaration is in two counts: one upon an oral contract, the other for money had and received.

The plaintiff testified that she learned from a broker named Bemister that certain real estate owned by the defendants was for sale; that she examined it on or about April 30, 1922, at which time she first met the defendant Oscar Hedtler and his father, Andrew Hedtler, the latter being the husband of Matilda G. Hedtler; that she talked with the father and son concerning the…