Jones v. Spencer

HURST, V.C.J.

This is an action by Dora Spencer against S. J. Jones, a real estate broker, to recover the sum of $250 paid by plaintiff to Jones as a down payment on the purchase by plaintiff of the furniture, equipment, and good will of a rooming house owned by Elizabeth McMath. From a judgment in favor of plaintiff, the defendant Jones appeals.

The issue made by the pleadings and evidence is whether, as plaintiff contends, Roy Moss, a real estate salesman for Jones, misrepresented the income being realized and which could be expected from the operation of the rooming house. There is a sharp…