Southport Mill, Ltd. v. Friedrichs

This is a suit to recover-from a real estate broker the sum of $5,000, which he retained as a commission on a contract for the.sale of the plaintiff’s property, known as Isle des Coquilles. The money was retained by the broker out of a deposit of $10,000, made by a prospective purchaser, as earnest money, to bind an agreement to buy the property for $100,000, which agreement was not fulfilled.

The civil district court first gve judgment for the plaintiff on the petition and answer; but, on appeal to this court, the judgment was annulled and the case remanded for trial on its merits. See…