REVERSED.
O'CONNELL, J.
This is a suit to recover $2900 which plaintiffs had paid to defendant as an occupancy fee for admission into Rose Villa Manor, a retirement residence operated by defendant. Defendant appeals from a judgment for plaintiffs.
On March 27, 1959 plaintiffs executed applications for admission to Rose Villa. Plaintiffs paid $2900 of which $1500 was an application fee and $1400 an "extra space fee" payable upon admission by those who...
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