R.B. BURNS, J.
Plaintiff sued for the return of a deposit of $3,000 made to the defendant realty company toward the purchase of real estate. Defendant counterclaimed for its full commission of $10,200. The trial court granted the defendant a summary judgment for the full amount of its counterclaim. We reverse and remand for trial on the merits.
The essential facts taken from the trial judge's opinion are as follows:
Plaintiff sought to purchase property...
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