Secured Investments, Inc. ex rel. Goldman v. Badorf

Wickersham, J.,

The defendant entered into an oral contract Jan. 25, 1919, with the Secured Investments, Incorporated, for the erection of a building on lots in Old Orchard, a sub-division of record in Dauphin County, and upon the payment of $25 he received a receipt, in which it was stated, inter alia: “It is understood that if this property, including the *85ground, cannot be built for a total cost of thirty-five hundred ($3500.00) dollars, or less, this deposit is to be returned to you.” It appears to have been agreed between them that the deposit which the defendant was to pay amounted to…