Thomas v. Burke

This is an action to recover a $5,000 down payment made under a building contract. The trial court entered a judgment in favor of the plaintiff and we affirm. The facts are summarized as follows:

In July, 1962, the plaintiff, William Thomas, along with bis now-deceased wife, entered into a contract with the defendant builder for the construction of a bouse, paying $5,000 down. The balance of the $37,000 purchase price was to be paid in installments coinciding with various stages of construction; construction was to be commenced immediately after the financing was arranged, and completed within…