Howe v. Mackiernan

This is an action of contract brought to recover a deposit of two hundred dollars, given by the plaintiff to the defendant incidental to the execution of a written purchase and sale agreement of certain real estate owned by the defendant.

The answer is a general denial, estoppel and discharge by reason of the plaintiff’s alleged wrongful and unjustified nonperformance of his part of the agreement.

It is not disputed that on April 4, 1951 the plaintiff and the defendant entered into an agreement in writing for the purchase and sale of a parcel of real estate located at 5 and 7 Atherton Street,…