Perry v. Thorpe Bros.

Murphy, Justice.

This is an appeal from an order denying plaintiffs’ motion for a new trial and from a judgment in favor of the defendant real estate broker, Thorpe Brothers, Inc., and its agent, C. J. Morey, allowing them to retain $3,250 paid to them by the plaintiffs as earnest money on a contract for purchase of real estate. For some unexplained reason the contract was never completed. The issue is whether under the circumstances disclosed by the record the agents may retain the earnest money as a commission.

There is no settled case in the record. The scope of review is limited to the…