Wilkins v. Birnbaum

WOLCOTT, Chief Justice:

This is an appeal from a judgment of the Court of Chancery refusing, at the suit of the prospective purchaser, specific performance of a contract to purchase land, and directing the return to the purchaser of the deposit made at the time the contract was entered into. The seller of the land appeals only the direction to return the purchaser’s deposit.

The facts are that the purchaser, appel-lee, and the seller, appellant, entered into a contract on November 24, 1969 for the sale of an interest in land at a price of $40,-000.00. The contract provided for a deposit by the…