Keelan V. Belmont Co‪.‬

Plaintiff seeks the return to him of $10,000 held in escrow by the defendant title company as a partial payment of purchase price on an uncompleted purchase of real and personal property. The defendant Armour, as trustee, was the owner of an occupied, 90-unit apartment hotel, together with certain furniture, fixtures and equipment therein contained. Defendant Belmont Company was a realty broker, acting as selling agent for the owner. On April 27, 1944, an agreement was executed in the form of a "Deposit Receipt," in which said Belmont Company acknowledged receipt from plaintiff Keelan of a cashier's check for $10,000 made payable