Forfeiture of deposit as security can bar recovery on buyer default, while part payments remain recoverable absent express forfeiture. A payment characterised as a deposit serves as security and is generally forfeitable on the buyer's default, whereas a part payment of price is an advance towards the purchase price and, unless the contract expressly provides otherwise, is repayable on rescission; the classification depends on contractual construction and parties' intention, and equity may relieve against unconscionable forfeiture or defeat of recovery by an inappropriate forfeiture clause.