Bennett v. Pearless

Sherman, P J.

This is an action to recover, inter alia, the $7,000.00 deposit paid by the plaintiffs as prospective purchasers of the defendant’s real estate.

Judgment was entered for the plaintiffs in the amount of $7,000.00, and the sole issue presented by the defendant’s appeal is the propriety of the plaintiffs’ recovery of their purchase deposit. Both parties have waived all other claims.

The report indicates that the parties entered into a purchase and sale agreement which had been drafted by the plaintiffs’ attorney. Under the terms of the agreement, the plaintiffs gave the defendant a…