Simmons v. Sorrentino

This is an action for the recovery by the plaintiff of a deposit made by him to the defendants upon an oral promise to convey certain real estate at an agreed price of $20,500. The complaint is in two counts, the first of which alleges (1) that the plaintiff was desirous of purchasing a home which the defendant Pompeii Sorrentino professed to own; (2) that the plaintiff gave Pompeii a deposit of $500 toward the purchase; (3) that Pompeii knew at the time that he did not own the premises and that they were so heavily encumbered that the title was unmarketable; (4) that he fraudulently induced…