Carpinello, J.
Pursuant to a contract executed by the parties in August 1997, defendant agreed to construct a home for $134,500, a price which included the land. Although the contract required a down payment of $33,500, plaintiff Sheridan Bartz (hereinafter plaintiff) gave defendant a check for $50,000 based upon the parties' understanding that there would be changes to the contract's specifications, including an increase in the width of the house. In addition, plaintiffs...
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