Appellant shall recover of respondent $60 costs and disbursements of this appeal. The check executed and delivered to plaintiff was a "non-refundable deposit" except if there was a "wilful default" by the plaintiff. Defendant does not claim any such default. The attorney's short affidavit submitted in opposition to plaintiff's motion is of no value whatsoever and alleges nothing even slightly indicative of a defense to the action. The existence of another action, brought...
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