Rykaczewski v. Kerry Homes, Inc.

Opinion by

Gunther, J.,

The jury in this case returned a verdict for plaintiffs. Defendant corporation filed this , appeal from a refusal of motions for judgment n.o.v. and for a new trial.

This appeal arises out of a suit in assumpsit upon a written agreement for the purchase of a home; the agreement was prepared and executed by Hilltop Realty Company as agent for seller. The contract provided that all deposit monies be held in a separate escrow account, until all the terms of the agreement had been met. Hilltop was authorized by the purchasers to make application for title insurance and to do…