Judgment and order unanimously modified to sustain the complaint and declare plaintiff entitled to retain the $30 down payment as liquidated damages for defendant's defaults, and, as so modified, affirmed, without costs.
Memorandum:
Defendant repudiated his contract, and hence plaintiff was entitled to judgment on its complaint for damages for the breach. Since the contract fixed such damages at $30, which defendant had paid on signing the contract, plaintiff...
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