Morway v. Gianni

This is an action of contract to recover the sum of $500.00 paid by him as a deposit under an agreement for the purchase and sale of real property. The declaration was in two counts:

Count I is' for the return of the deposit, alleging that the premises, the subject of the agreement, were not in the same condition, reasonable use and wear excepted, as they were in at the time of the execution of the agreement.

Count II is a count annexed for money had and received.

*40The answer was a general denial and payment. The defendant further answered, alleging that he was ready, willing and able at all…