McDONOUGH, Chief Justice.
Appellants Kelly entered into a contract to sell a house and lot to respondents Scott in 1953, with respondent Thayne acting as real estate agent. The Scotts were in possession for a few months but being unable to make satisfactory arrangements for financing their purchase, they relinquished possession and paid rent for their time of occupancy. Respondent Thayne, who held the down payment of $3,500, returned to the parties amounts not in...
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