MALLERY, J.
The appellants were plaintiffs below in an action for the return of a down payment in the amount of three thousand dollars, which they allege was made in contemplation of a contract that was never consummated. Judgment was entered for the respondent (defendant) therein.
The respondent was plaintiff below in a separate action for the loss of profits arising out of the breach of the same contract, which it alleged was consummated, but breached by...
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