Loewer Realty Co. v. Palladino

Plaintiff sued to recover $2,750, a down payment on the purchase price of premises sold at auction on his behalf to the defendant. By memorandum dated March 30, 1920, the defendant agreed to purchase the property for $27,250, ten per cent of which, plus $25 auctioneer’s fees, was to be paid at once, the balance of the purchase price to be paid on or before April 30, 1920, when the deed was to be delivered. Pursuant to such terms defendant delivered his check for $2,750. Payment was stopped, however, the defendant evidently claiming fraud and misrepresentation.

On April 9, 1920, this action was…