Appeal, No. 28, April T., 1963, from judgment of Court of Common Pleas of Beaver County, June T., 1957, No. 168, in case of James C. Laughlin, Jr. et al. v. Sarah B. McConnel et al. Judgment reversed.
Robert L. Orr, with him Reed, Ewing, Orr & Reed, for appellant.
Thomas C. Mannix, with him Whitmire & Mannix, for appellees.
Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).
[ 201 Pa. Super. Page 181]
OPINION BY MONTGOMERY, J.
This is an appeal from the judgment for plaintiffs in an action of assumpsit for the recovery of hand money paid on a contract to purchase real estate. Appellees
[ 201 Pa. Super. Page 182]
Paul H. Thomas and Ann M. Thomas, husband and wife, were interested in purchasing a home in the Borough of Rochester, Beaver County, Pennsylvania, which was listed for sale with the James S. Strouss Real Estate Agency. The owner of the said home was Sarah B. McConnel, the appellant. The agreed purchase price was $16,000 and it was to be paid in the following manner: $1,000 down payment to be given by Mr. and Mrs. Thomas; $1,800 cash payment to be made by James C. Laughlin, Jr., Mr. Thomas' employer; and the balance of $13,200 to be obtained by an FHA mortgage loan. The deed was to be from Sarah B. McConnel to James C. Laughlin, Jr. The real owners and occupiers of the premises were to be Ann M. Thomas and Paul H. Thomas.
Laughlin testified that the real estate agent Strouss, representing the appellant, promised to bring the loan papers to his office for signature. Strouss testified, on the other hand, that he understood that Mr. Laughlin wanted to procure his own mortgage through his own bank. The loan application was not delivered to Mr. Laughlin and subsequently there were a number of telephone calls from Thomas to the real estate agent by which the appellees sought to rescind the contract and demanded the return of the hand money. On March 22, 1956, Mrs. McConnel, by registered mail, demanded that Mr. and Mrs. Thomas carry out the contract.
On May 1, 1957, appellees filed a complaint demanding the return of the $1,000 hand money, and preliminary objections were filed thereto. An amended complaint was filed and preliminary objections were again entered and were overruled by the court. The case went to arbitration, resulting in an award for the appellees IN THE AMOUNT OF $1,000. On appeal, a jury trial resulted in a verdict in favor of the appellees in the amount of $1,411.82. Prior to the entry of the verdict, the court entered a compulsory non-suit as to James S.
[ 201 Pa. Super. Page 183]
Strouss, the verdict therefore being against Sarah B. McConnel. After the jury returned its verdict, appellant moved for a new trial and judgment n.o.v. These motions were overruled by the lower court, judgment ...