Reilly v. Whiting

This is an action of contract by the plaintiffs to recover a deposit of $1,500 paid to the defendant on an agreement to purchase and sell real estate in Hrngha.m; to include "the buildings thereon and the contents of the barn on said premises.” It was tried to a judge, without jury, who found for the defendant. The plaintiffs without fault on their part failed to perfect their exceptions and the case comes to this court upon a report of the judge, presumably under G. L. (Ter. Ed.) c. 231, § 111, for the determination of two questions of law: "1. Were the plaintiffs en titled to a refund of…