CLEARY, Justice.
This is an action of contract. The declaration is in two counts: first, general assumpsit under the common counts and second, to recover on a $500 check paid to the defendant as a deposit for the purchase of certain real property and for refusal to return the deposit after breach of the oral contract by the defendant. Trial was by jury on the defendant's general denial. The case is here on plaintiff's exception to the granting of defendant's motion...
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