Fiorilla v. Moore

The plaintiff, as vendor, and the defendant, as vendee, entered into a contract for the sale and purchase of certain premises. The defendant ordered payment stopped on a check given the plaintiff by the defendant. The check had been given to cover the second of the payments called for under the contract. Presentment of the check for payment had been withheld by agreement of the parties to permit the defendant to deposit sufficient funds to eover it. The contract contained a clause which provided that, if the defendant failed to make the payments required by the contract, he would forfeit all…