WAGNER v. BALL

VENDORS AND PURCHASERS, § 191 — arbitrariness of findings and judgment for purchaser. Where plaintiff sued to recover the sum of $500 allegedly deposited with defendant as the down payment or earnest money on an agreement for purchase and sale of real estate, and defendant filed counterclaim asking for judgment for $568.30 as damages, and each party claimed that the other had breached the agreement, findings and judgment for plaintiff in amount of $250 were arbitrary and unauthorized.

Opinion by JUSTICE SCANLAN.

Not to be published in full. Opinion filed June 21, 1948; released for publication September 9, 1948.