Alois v. Waldman

The appellants sued the appellees at law to recover a deposit of $3,500 paid under a written agreement to purchase a residence upon a tract of land containing about 9 1/2 acres, on Kent Island, alleging breach of condition by David M. Nichols & Company, the real estate broker, to procure a mortgage for part of the purchase price within the time specified in the agreement. The owners defended on the ground that the failure to procure the mortgage was due to the actions of the buyers and their failure to cooperate with the broker. The owners also filed a counterclaim for damages incurred in reliance upon the buyers' agreement to purchase. They also filed a third-party claim against the broker for reimbursement, in the event they were required to return the deposit. The broker filed a plea alleging that, by agreement between them, he paid one-half of the deposit to the owners, and hence would be liable to the owners for only $1,750 in any event. The case was tried before the court without a jury, and resulted in a judgment in favor of the appellees in the main action, a judgment for the appellees in the sum of $1,392.88 on the counterclaim, and dismissal of the third-party claim.