Thomas v. Shea

This is an action of contract to recover earnest money payments under a written contract for the purchase and sale of certain real property and other expenses incurred preparatory to the transfer of such property as a result of the defendant’s alleged breach of said contract by (1) failure to deliver the deed to such property as, and within the time, specified in the said contract, and (2) failure to deliver a deed free from all *161incumbrances (except .certain encumbrances named in said contract) as was specified in said contract.

The trial judge found the following facts: On March 4, 1957, the…