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DOWNING v. H. G. SMITHY CO.

No. 1839.

125 A.2d 272 (1956)

Leslie B. DOWNING and Marshall C. Downing, Appellants, v. H. G. SMITHY CO., a corporation, and Joseph E. Jones and Marjorie B. Jones, Appellees.

Municipal Court of Appeals for the District of Columbia.

Decided September 14, 1956.

Rehearing Denied October 19, 1956.

Attorney(s) appearing for the Case

Herman Miller, Washington, D. C., for appellants.

Jo V. Morgan, Jr., Washington, D. C., with whom John J. Carmody, Washington, D. C., was on the brief, for appellee H. G. Smithy Co.

John J. Leahy, Washington, D. C., for appellees Jones.

Before ROVER, Chief Judge, HOOD, Associate Judge, and CAYTON (Chief Judge, Retired) sitting by designation under Code, § 11-776 (b).

CAYTON, Acting Judge.

Mr. and Mrs. Downing agreed in writing to buy the interest of Mr. and Mrs. Jones in a cooperative apartment for $15,000. The transaction was negotiated by Smithy Company, as broker, with whom the Downings put up a deposit of $500. Thereafter the Downings refused to complete the purchase and sued Smithy and the Joneses for the return of their deposit. Smithy filed a cross-claim against the co-defendants for a commission of $750 for procuring the...

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