Dawn Construction Co. v. Paris Home Builders, Inc.

Under date of May 10, 1956, the parties to this cause entered into 2 executory land contracts for the purchase by plaintiff from defendant of certain described land in the city of Livonia. The total consideration for the contemplated purchase was the sum of $304,000. In accordance with the agreements plaintiff paid to defendant as a deposit on the purchase price the sum of $10,000. For reasons that are in dispute the agreements were not carried out and plaintiff instituted the present action on August 22, 1956, to recover the amount of the deposit.

The declaration filed by plaintiff alleged…