Verfenstein v. Deiglmayr

In this action plaintiff seeks to recover an unpaid balance claimed to be due from defendant as a part of the purchase price for a tea room business and equipment sold by plaintiff to defendant in the summer of 1936. Declaration is in the common counts. Plea, general issue with a special plea of fraud. Trial by court and upon the findings filed defendant had judgment. The case is here upon plaintiff’s exceptions.

Plaintiff’s first exception is to a portion of finding No. 6 which finding is as follows:

“The plaintiff’s evidence tended to show that one thousand dollars was to be paid at once and…