Brockett v. Perkins

This action of contract was brought by the plaintiffs to obtain the return of a deposit paid under an agreement by the terms of which the defendants agreed to sell and the plaintiffs agreed to purchase certain property in the Town of Mattapoisett.

The written agreement contained the following provisions, "In the event that this agreement is breached by the party of the second part, the party of the first part may retain said down payment as liquidated damages and all other obligations of either party hereto shall be terminated. In the event that an F. H. A. approved mortgage cannot be obtained…