OPINION
JOSLIN, Justice.
This is a civil action to recover the sum of $1,000 paid as a deposit in conjunction with an offer of $4,000 to purchase a parcel of real estate together with a cottage located thereon. The seller, alleging a binding agreement, counterclaimed for the balance due on account thereof. The buyers' motion for summary judgment for restitution of the $1,000 deposit was granted by a Superior Court justice and in addition exemplary damages...
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