Gauss v. Kirk

CAYTON, Chief Judge.

Kirk, who was plaintiff below, sued to recover a $500 deposit he had made toward the purchase of real estate. He named as defendants Frank H. Gauss, the agent who held the deposit, and also the three owners. Service could not be had on the three owners because they were residing outside the jurisdiction and the case proceeded to trial against Gauss alone.

In a written memorandum the trial judge made findings of fact and conclusions of law which have proved helpful in our study of the case. He found, on ample evidence, that the buyer had tendered the purchase price hut that…