CUTTER, J.
This is an action to recover a deposit made at the time of the signing by the plaintiff, on February 11, 1955, of an agreement for the purchase of twenty-seven acres of land in Wilmington. The deed was to be delivered, and the balance of the purchase price paid, on April 22, 1955.
The agreement contained the following special provision: "This agreement is subject to the right of the buyer in the event that he shall have been unable to obtain the...
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