Greater Miami Telephone Answering Service v. A-1 Answering Service

PEARSON, TILLMAN, Chief Judge.

The appellant, who was seller of a telephone answering service, appeals from a final judgment entered upon the pleadings. The appellee was the purchaser. The complaint brought by the appellant was for the balance claimed to be due on the purchase price. It appears from the complaint and exhibits that at the time of the delivery of possession of the property, a portion of the purchase price was paid to an escrow agent who subsequently embezzled the money to be used for the last payment to appellant. The appellee-purchaser admitted the payment into the hands of the…