Carvitt v. Cortell

The two defendants are partners carrying on business as real estate brokers under the name of'Milton Realty Co.

This is an action of contract in which the plaintiff seeks to recover from the defendants the sum of $200. which he had deposited with them in connection with the contemplated purchase of a parcel of real estate owned by a Mrs. Rockwell.

The plaintiff’s declaration consists of two counts, the first a count for money had and received by the defendants to the plaintiff’s use and the second an allegation that the plain*110tiff and defendants had entered into an agreement which the defendants…