Welsh, J.
This is an action to recover a deposit payable under a purchase and sale agreement. The plaintiff (seller) entered into an agreement to sell her home at 55 Partridge Valley Road in West Yarmouth to the defendant (buyer) for the sum of $265,000. The sum of $500 was paid as a binder. The agreement required that $26,000 be paid upon execution of the agreement by the parties. The agreement contained a mortgage contingency clause which gave the buyer the option...
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