Williams v. Bell

Clark, Judge.

This suit arises out of a realty sale contract under which Williams, referred to herein as seller-builder, received a binder deposit from Mrs. Bell, hereafter called buyer, "for the construction and purchase of a residence” on a specified lot. The first count of the complaint is for recovery of the binder deposit plus "aggravated or exemplary damages,” alleging there was a fraudulent "intentional retention and conversion” of the plaintiff’s money. The second count is for money had and received and seeks recovery of the binder deposit plus attorney’s fees because defendant "has…