Lett v. Horner

Horner sued Lett in assumpsit for money had and received. Pleas, non assumpsit and payment. Verdict for the plaintiff. Motion for a new trial overruled; and judgment on the verdict.

Horner contracted with Lett, on the 30th of November, 1836, for the purchase of a tract of land. The price was 2,710 dollars. Horner paid 670 dollars at the time of the contract, and gave his note for the residue, payable twelve months after date. Lett gave the purchaser a bond, conditioned for a conveyance when the note should be paid. The condition states that if Horner failed to pay the note when due, the bond…