FOX, P.J.
Plaintiff brought this action to recover a deposit of $4,250 that he made in connection with his contemplated purchase of a home from defendants Miller. The court, however, awarded him a judgment for only $937.50. Plaintiff has appealed.
On May 20, 1956, plaintiff made an offer in writing, through defendant George Elkins Company, real estate broker, to purchase the Miller home for $42,500. Plaintiff put up his check for $4,250. The offer contained...
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