Piascik v. Stone, Inc.

The plaintiff alleged in his complaint as follows: He entered into an agreement with the defendant to purchase a home and thereupon paid the defendant $1500 as a deposit. The defendant represented that occupancy would be ready on or before September 23, 1963. Later, on September 20, the plaintiff agreed to take occupancy if the home would be ready in four or five days; however, the home was not completed at any time prior to October, 1963. The plaintiff seeks return of the deposit.

The defendant admitted the original agreement, the receipt of a $1300 deposit and the fact that the plaintiff had…