CORN, J.
Plaintiff brought this action to recover $2,525 damages alleged to have been incurred through defendant's failure to convey real property under a written offer to purchase. The recovery sought included $125 earnest money deposit to the M.W. Turner Company which defendant did not receive, and further damages for breach of the following written contract:
"Offer to Purchase.
"I, or we, the undersigned, hereby agree to purchase the following...
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