Kells

Action to recover money as commission for negotiating a sale of real estate. Judgment went for plaintiffs, from which defendant has appealed.

It appears that on March 5, 1920, plaintiffs, acting as agents for defendant, received from George C. Albert, the proposed purchaser of the property, the sum of $500, which they acknowledged to be a deposit in part payment of the purchase thereof agreed by him to be made at the price of $15,000, to be paid upon the conveyance of the property, with a certificate of title to be furnished by defendant showing the same to be vested by such conveyance in the purchaser free and clear of encumbrances. Time was made the essence of the agreement, which further provided that the sale upon the terms and conditions set forth should be agreed to and accepted by the owner within two days from the date thereof, or the deposit returned upon demand. By the agreement the purchaser was given fifteen days after notice from the owner of his ability and readiness to convey the property within which to complete the purchase, and upon his failure to do so within such time, provided the seller complied with the terms of the agreement, he was to forfeit the deposit…