Massachusetts Supreme Judicial Court October 15, 1871 (Howe v. Hayward)

Chapman, C. J.

It appears by the report, that the parties made an oral contract for the sale of property by the plaintiff to the defendant, and that each of them deposited the sum of $200 in the hands of one Taft. The plaintiff contended that the money deposited by the defendant was given in earnest to bind the bargain, or in part payment.