HOGAN v. LEARY

No. 7037.

115 N.H. 88 (1975)

JOHN M. HOGAN AND MAURENE G. HOGAN v. ARCHER J. LEARY, INDIVIDUALLY AND AS EXECUTOR AND ADMINISTRATOR OF THE ESTATE OF MAUDE I. PUTNEY.

Supreme Court of New Hampshire.

February 28, 1975.


Attorney(s) appearing for the Case

John M. Hogan, by brief and orally, for the plaintiffs.

Maynard, Dunn & Phillips (Mr. William Maynard orally) for the defendant.


PER CURIAM.

Plaintiffs, who are husband and wife, gave a check dated August 4, 1972, to the defendant as a deposit on a tract of land in Bow. On August 29, 1972, a purchase and sale agreement was signed by the parties with a sale price of $11,500 and acknowledging the $1,000 check as a deposit. The agreement provided: "If Buyer defaults he waives claim to the deposit above which becomes the property of the Seller . . . as liquidated damages." On October 5, 1972, the...

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