Nirdlinger's Estate

Steakne, J.,

Petitioners, fiduciaries of decedent’s estate, sold real estate to respondents for a consideration of $2,500, taking $100 deposit and executing with respondents the customary written agreement of sale. Before transfer of title an increased offer was made by another person for $3,000, whereupon petitioners notified respondents that their agreement was can-celled, tendered to them the down money, and entered into a new contract with the subsequent offeror. Respondents refused the tender and insisted upon retaining the benefit of their bargain. Petitioners thereupon cited respondents…