Silver v. Boyd

GRIFFIN, P. J.

On April 1, 1955, plaintiff-appellant Beatrice Silver brought an action against Dorothy M. Boyd, Samuel Goldband, Faye Goldband and Adolph Israel for $4,000 claimed to have been paid to them on the purchase price of two lots. She also sought to rescind the sales agreements on the ground of fraud. By an amendment of the complaint, it is alleged that on September 29, 1954, plaintiff cancelled and rescinded said agreements together with the escrow and defendants accepted said cancellation and rescission and resold the properties to others at increased values, and that plaintiff demanded the return of the deposits made by her on the ground that defendants were unjustly enriched by the transactions by retaining the deposits made by plaintiff.

The record comes to us on an agreed statement of facts. There is a waiver of findings and conclusions of law. Therein it is agreed:

“1). That at all times herein involved, defendant Israel was a duly licensed real estate broker

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that he acted on behalf

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of defendant owners, (Boyd and Goldbands) and not as a mutual agent with the owners and plaintiff.

“2). That as a result of defendant Israel’s efforts he obtained plaintiff, a ready, able and willing buyer, to enter into two binding purchase agreements with defendant owners, to-wit:

“a). On or about August 17, 1954, plaintiff agreed in writing to buy from defendant Boyd, a lot for the sum of Twenty-two Thousand Five Hundred ($22,500.00) Dollars, escrow instructions were executed with the Citizens National Trust and Savings Bank, wherein plaintiff paid Two Thousand ($2,000.00) Dollars and defendant Israel was to receive Two Thousand Two Hundred and Twenty-five ($2,225.00) Dollars as a commission.

“b). On or about August 17, 1954, plaintiff agreed in writing to buy from defendants Goldband, a lot for the sum of Nineteen Thousand ($19,000.00) Dollars. Escrow instructions were executed with the Security First National Trust and Savings Bank where plaintiff paid Two Thousand ($2,000.00) Dollars, and defendant Israel was to receive One Thousand ($1,000.00) Dollars as a commission.