Stokes v. Clark

This is an action in contract in which the plaintiff-sellers seek recovery of an $11,490.00 deposit paid by the defendant-buyer pursuant to an agreement for the purchase and sale of real estate. The defendant counterclaimed for the return of an initial $1,000.00 deposit.

The facts are not in dispute and may be summarized as follows: On November 17,1982, the plaintiff-sellers accepted the defendant-buyer’s offer to purchase certain land and buildings in Wayland, Massachusetts for the sum of $124,200.00. The defendant paid a $1,000.00 binder in conjunction with his offer to purchase. On November…