Maxton Builders, Inc. v. Lo Galbo,

502 N.E.2d 184 (1986)

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Nature of the Case

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Facts

P contracted to sell a house to D. D accepted and gave P a down payment. D canceled the contract and the check. P sued D for the down payment a right traditionally allowed under state law. The trial court denied P's motion for summary judgment. The Appellate division modified and granted judgment to P for the down payment. D appealed; he had a right to cancel, and judgment should be limited to actual damages. The down payment was $21,000. The cancellation period was three days, and the court held that D did not notify P of the cancellation within that time.