Prioletti v. Bowman

The plaintiff, vendee in a contract for the purchase of personal property in a restaurant, has brought this action against defendant Maoris, vendor, and defendant Bowman, agent for the vendor, to recover $1,000 which plaintiff paid to said agent as a down payment on the purchase price.

Under this contract, dated June 16, 1948, the vendor agreed to sell and the vendee to purchase said personal property for $14,900, on condition that the vendor should obtain an assignment of a five-year lease of the premises, and on certain other conditions. From the evidence I find that the vendor failed to…