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HOLLOWAY v. THIELE

Docket No. 15385.

116 Cal.App.2d 68 (1953)

253 P.2d 131

EMMETT E. HOLLOWAY et al., Respondents, v. RICHARD H. THIELE, Appellant.

Court of Appeals of California, First District, Division One.

February 16, 1953.

Attorney(s) appearing for the Case

Delany, Fishgold & Minudri, Mathew M. Fishgold and Manuel L. Furtado for Appellant.

Bernard B. Glickfeld for Respondents.

BRAY, J.

Defendant, a real estate broker, returned to the buyer a $3,500 deposit on account of the purchase price of plaintiffs' property. In an action for moneys had and received, plaintiffs recovered judgment for that amount. Defendant appeals.

QUESTION PRESENTED

Did defendant receive the deposit as plaintiffs' agent?

FACTS

Defendant as a real estate broker was a member of Multiple Listing Service, with whom plaintiffs had listed...

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