Gaynes v. Allen

Action by plaintiffs to recover a deposit of $1000 made under a written agreement of purchase and sale of certain premises in Nashua. The Trial Court (Paútelas, J.) made certain findings and rulings and returned a verdict for the defendants. The court also denied plaintiffs’ motion to set aside the verdict. Plaintiffs’ exceptions were transferred to this court under RSA 502-A:17-a (Supp. 1975).

The sales agreement drawn by the defendant Walter Allen, a builder of small homes, called for a sale price of $43,900 with a deposit of $1000 being acknowledged. It contained the following clause: “This…