WILKINS, Justice:
Plaintiff is the owner of certain real property located in Ogden, Utah, which he listed for sale with defendant, a real estate brokerage. Under circumstances more fully described infra, defendant accepted a $5,000 check as earnest money on behalf of plaintiff from a prospective buyer, which was returned by the bank marked "refer to maker". Plaintiff brought action alleging misrepresentation on the part of defendant.
From judgment entered...
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