Beck v. Doore

The plaintiff, the vendee in a written, contract for the sale of land in Lynnfield, obtained a verdict for $2,292.14 in an action of contract to recover a deposit of $2,000 paid under the contract. But the judge, under leave reserved (G. L. [Ter. Ed.] c. 231, § 120), entered a verdict for the defendant, and reported the case.

The evidence most favorable' to the plaintiff was as follows: The contract was signed on or about August 1, 1941, and was to be performed “on or before the first day of October, 1941.” The price was to be $8,000, of which $2,000 was paid upon the signing of the contract,…