Patterson v. Marchese

This is an action, tried before the court without a jury, for the return of a deposit paid upon the signing of a written contract to purchase certain real property located in North Pelham, New York. Both sides have agreed to waive findings of fact and conclusions of law.

Most of the facts appear undisputed: On December 13, 1955, the parties entered into a written contract wherein plaintiff purchaser agreed to purchase a one-family dwelling owned and then occupied by defendant seller. The said contract was prepared by defendant’s attorney and executed at the office of said attorney at which…