STOUGHTON, J.
The plaintiff appeals from a summary judgment in favor of the defendant Salvatore Mazzotta. We find no error.
The plaintiff and the named defendant, Michael Marino, entered into an agreement under which the plaintiff was to purchase from Marino certain real property in Middletown. The agreement provided for payment of the purchase price of $100,000 as follows: "(1) $5000 deposit paid herewith, receipt whereof is acknowledged, the same to be held...
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