This is a motion for summary judgment by the plaintiffs, sellers of real estate, in an action for the sum of $3,500. The facts are undisputed. Upon a contract for the sale, the defendants, purchasers, deposited the sum of $3,500 in escrow with one John J. O'Brien, Esq., who represented the sellers, subject to a provision of the contract which reads: "This contract is conditional upon the purchasers at their own cost and expense diligently...
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