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Mace(D) made a contract with Wadick (P) for the sale of 20 acres of D's farm for $115,000 with a $1000 deposit to be used as liquidated damages in case the contract is not consummated. The contract called for a survey of the north-south lines of the property. D tendered a deed for the land, but P claimed that the deed did not conform to the survey agreement. Judgment was rendered for D. That judgment was reversed by the Appellate Division.

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