V.J. BRENNAN, J.
This is an action to recover a $5,000 down payment made under a building contract. The trial court entered a judgment in favor of the plaintiff and we affirm. The facts are summarized as follows:
In July, 1962, the plaintiff, William Thomas, along with his now-deceased wife, entered into a contract with the defendant builder for the construction of a house, paying $5,000 down. The balance of the $37,000 purchase price was to be paid in installments...
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