Abney

This action was brought to recover the amount paid on the purchase price of certain real property which plaintiffs agreed to buy from defendant corporation. The agreement was in writing and was dated June 22, 1926. The purchase price was $2,875, of which $720 was paid, the balance being payable in installments of $50 each month with interest. Title to the property was retained by defendant, whose selling agent in the transaction was Monroe, Lyon & Miller Inc., also a corporation. The plaintiffs alleged that the execution of the contract and the payment made as above were induced by defendant’s promise to resell the property within thirty days at a price fixed by the parties in excess of the purchase price, and the representation that the defendant would require no further payments from plaintiffs ; that on August 20, 1926, defendant waived in writing all further payments under the contract and the right therein provided to cancel the same for any delinquency in that regard; that contrary to this - agreement defendant failed to resell the property, made demands for further installment payments thereon, and on February 28, 1927, notified the plaintiffs that it elected to cancel the…