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HUBER v. GERSHMAN

No. 29249.

286 S.W.2d 558 (1955)

Helen R. HUBER, Glick Real Estate Company, a Corporation, and Eugene Glick, (Plaintiffs), Respondents, v. Solon GERSHMAN and Solon Gershman Realtors, Inc., a Corporation, Defendants (Solon Gershman Realtors, Inc., Defendant and Third-Party Plaintiff, Appellant, Hope Komm and Blanche Komm, Individually and as Executrix of the Estate of David R. Komm, Deceased, Third-Party Defendants.)

St. Louis Court of Appeals. Missouri.

Motion for Rehearing or for Transfer to Denied February 23, 1956.

Dissenting Opinion Filed February 23, 1956.

As Modified March 6, 1956.

Transferred March 6, 1956.

Attorney(s) appearing for the Case

Adolph K. Schwartz, St. Louis, Sievers, Reagan & Schwartz, St. Louis, of counsel, for appellant.

Kerth, Thies & Schreiber, Clayton, for respondents.

Motion for Rehearing or for Transfer to Supreme Court Denied February 23, 1956.

Transferred to Supreme Court March 6, 1956.

WOLFE, Commissioner.

This is an action to recover an earnest money deposit made by the plaintiffs who intended to purchase a parcel of real estate in the City of St. Louis. Plaintiffs, after making the deposit, declined to go through with the purchase and seek recovery of the deposited sum from the agent to whom the money was...

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