Buyer's Withdrawal from Property Contract and Deposit Forfeiture

A plaintiff, having signed a contract with a seller concerning the sale of a property and having paid a deposit, sought to withdraw from the commitment and recover the deposit, arguing that the seller had not fulfilled a condition precedent regarding the prior sale of another property, while the seller invoked a clause in the agreement permitting them to retain the deposit upon the buyer's withdrawal. The court rejected the plaintiff's claim, reasoning that the plaintiff's withdrawal constituted a breach of the contract, thereby justifying the seller's retention of the deposit as stipulated in the agreement, regardless of the fulfillment of the condition concerning the prior sale, as the condition was intended to benefit the buyer and its non-fulfillment did not automatically nullify the contract upon the buyer's unilateral decision to withdraw.