Darrow

Plaintiff brought this action for damages based upon the alleged fraud of the defendants in a real estate transaction. The case was tried by the court sitting without a jury and from a judgment in favor of plaintiff in the sum of $4,215, defendants appeal.

Plaintiff was the owner of a contract for the purchase of a certain lot of land. There was a balance due upon the contract of approximately $1185. The lot was admittedly of the value of $5,500. Defendant Robert A. Klein & Company was a corporation engaged in the transaction of the business of a real estate broker, while defendant Fred W. Klein was an officer and acted for and on behalf of the corporation. The corporation appears to have been a family affair, defendant Fred W. Klein testifying that it consisted of his brother Robert A. Klein and himself. The defendant corporation had previously acted as agent for plaintiff in other real estate transactions and plaintiff had sought their advice on several occasions. Plaintiff had previously listed the lot in question with them for sale. About February 22, 1926, she sought their advice with respect to a proposed offer of $5,500 for the property. She talked with defendant Fred W.…