Parker v. Morrell

This is an action of contract to recover certain monies paid to the plaintiff pursuant to a written agreement. The answer consisted of a general denial, payment, estoppel, statute of limitations and accord and satisfaction.

The case was heard by the trial justice upon a statement of agreed facts, which, when the only evidence introduced is deemed to be a “case stated.” Redden v. Ramsey, 309 Mass. 225, 227 (1941). Associateds Discount Corp. v. Gillineau, 322 Mass. 490, 491 (1948). General Motors Acceptance Corporation v. Troville, 43 Mass. App. Dec. 96, 100, 106 (1969).

In such cases, it is the…