Jones v. Nunley

Plaintiff filed this action to recover $2,500 paid to defendant as earnest money on a proposed sale by defendant to plaintiff of 80 acres owned by defendant in Jackson County. The action was tried by the court without a jury, and findings and judgment were entered in favor of plaintiff. Defendant appeals.

Some time prior to April, 1973, a realtor, Phil Deup-ree, contacted defendant regarding a sale of defendant’s ranch. Defendant agreed to pay Deupree a commission if he sold the ranch, but defendant refused to sign a listing agreement. Plaintiff, a resident of California, was interested in…