Horrell

Lakewood Marina, Inc., appeals a judgment requiring it to return $5,000 of $11,000 paid to Lakewood by Eleanor Horrell toward the purchase of a $60,000 boat after Mrs. Horrell refused to complete the purchase.

On March 29, 1966, Mrs. Horrell contracted in writing to buy the boat from Lakewood and made a $6,000 cash deposit as required by the contract. The boat was built on the east coast and delivered to Lakewood. When Lakewood received the boat it demanded, and was paid, an additional $5,000 as part of the purchase price. No provision concerning this payment appears in the contract.

On October 30, 1966, Mrs. Horrell refused to pay the $49,000 balance of the purchase price. Mrs. Horrell, claiming Lakewood breached the contract, brought this action to recover the $11,000 she had paid. Lakewood cross-complained for damages, claiming Mrs. Horrell breached the contract. *508 Lakewood sold the boat to another person for less than the $60,000 contract price.

Paragraph 3 of the purchase order contract provides in part: “Upon the failure or refusal of the Purchaser to complete said purchase within ten days after notification, for any reason other than cancellation on account…