COUNIHAN, J.
This is an action of contract in which the plaintiff seeks to recover a deposit of $1,000 paid by him to the defendant Quinn, hereinafter called the defendant, who is alleged to be an agent of the defendant Roche, upon the execution of a purchase and sale agreement of commercial or business real estate on Trapelo Road, Belmont. The case was heard by an auditor whose findings disclose the following: The agreement, dated April 12, 1950, called for the delivery...
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