HARWOOD, Judge.
This was a suit to recover $500 paid by the plaintiff as a binder, or earnest money on a contract to purchase real estate.
The complaint was on the common counts for money had and received, and issue was joined on a plea in short by consent.
The defendant, Yarbrough Realty Company, had been given a contract by the owners of the property to sell the same on a commission basis.
On June 23, 1951, after viewing the property, the...
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