Acunto v. Wiggins

Judgment modified so as to provide that plaintiff recover the sum of $500, with costs, instead of the sum of $250, with costs. In this action the plaintiff seeks the return of the sum of $500 paid by him to the defendant as earnest money in connection with a proposed sale of real property. The contract was never executed. On the proof *814in this case, the money was paid as security that the purchaser would enter into a written contract, and not as part of the purchase price. The defendant here made no proof of damage. (Cohn v. Smarr, 214 App. Div. 589.) In any event, the appellant was entitled…