FERGUSON, Judge.
Appellant/purchaser, suing for return of a deposit on a contract containing a provision for forfeiture in the event of breach, demonstrated by pleading and affidavit that (1) his default resulted from an unfortunate inability to perform, (2) the size of the deposit and other contributions which were subject to the forfeiture were large (13%) when compared to the amount of the contract, and (3) the sellers resold the property within ninety days after...
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