Perino v. Jarvis

Trial in this cause was to the court, and the parties appear here as in the trial court, Joe Perino, plaintiff, and J. W. Jarvis, defendant.

The action was by plaintiff to recover $1000 paid to defendant, a real estate broker, in connection with the attempted purchase of a beer business in Arizona. The agreement between the parties was oral, and it is nowhere contended that there was any provision or understanding for the retention of the $1000 as liquidated damages.

A portion of the pleadings are controlling to the issues here. Plaintiff in his complaint alleges:

“* * * Plaintiff to deliver to…