Firestone

The salient points alleged by plaintiff in his complaint are that he listed real estate with the defendant Allen & Company, real estate brokers, on June 25, 1924, for sale for the sum of $8,500; that Allen & Company represented to plaintiff that this amount could not be obtained for the property listed, and relying thereon he authorized Allen & Company to sell same for not less than $7,500; that on July 8, 1924, Allen & Company as plaintiff’s agent sold the property for $7,500 to the defendant O ’Brien, who was an employee of Allen & Company; that defendant O’Brien deposited $250 with Allen & Company as a part payment upon the purchase price; that on July 21, 1924, plaintiff delivered his deed conveying the property to O’Brien, to Allen & Company; that the defendants have acted with intent to defraud plaintiff, and intentionally misled him, by advising him that the best price they could obtain for the property was $7,500, when they knew that a higher price was obtainable; by selling the property for $7,500 without making a reasonable effort to obtain a higher price, and at the time having knowledge of par ties who would give a sum in excess of $7,500; by selling the property to…