Schilling v. Levin

These are two actions arising out of an agreement for the purchase and sale of a parcel of real estate. In one, the original action, the sellers seek damages from the buyer for his alleged failure to perform the agreement; in the other, a cross action, the buyer seeks to recover the amount of his deposit, $200. The judge found for the sellers in each action. A report to the Appellate Division was dismissed and the buyer appealed. For convenience the sellers and the buyer will hereinafter be referred to as the plaintiffs and the defendant respectively.

It is not disputed that on April 24, 1948,…