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GALLO v. BRENGARD CONSTR. CO., INC.

1 A.D.2d 840 (1956)

Joseph J. Gallo, Respondent, v. Brengard Construction Co., Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 20, 1956

Plaintiff and defendant entered into an agreement, called a binder, pursuant to which plaintiff paid defendant the sum of $500 as a deposit for the construction of a house on certain lots owned by plaintiff. The binder provided that the deposit shall be applied to the cost of preparing plans and specifications and to the purchase price, and also that if a mortgage commitment be not granted, plaintiff was to receive the plans and...

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