and then changed their minds were awarded their deposit back in the Supreme Court yesterday.

Mr. Gordon Willard Phillips and his wife Rosalind Vera had signed a contract to purchase "Roxedge'' from Mr. Alexander Abbott in September of 1993, but decided to back out when they discovered the property consisted of four possible rental units instead of the six they believed.

They were counting on rental income from a total of six units and could not afford the building otherwise, the couple told the court.

Mr. Abbott, however, refused to negate the deal.

Yesterday, Puisne Judge the Hon. Mr. Justice Ground found in favour of the Phillipses, noting in a 19-page ruling that it "was quite clear that they were purporting to exercise the contractual right to rescind ... I hold that it was a good exercise of that right.'' He did not grant them the conveyancing and other costs they had requested.