SPIEGEL, J.
This action, tried by a judge in the Superior Court without a jury, is to recover the sum of $3,000 paid by the plaintiff on November 1, 1958, as a deposit under an agreement of purchase and sale of real property located in Barnstable County and owned by the defendant. The finding below was for the defendant and the plaintiff filed a bill of exceptions claiming to be aggrieved by the
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