Wetmore v. McDougall

MarstoN, J:

McDougall sued plaintiffs in error, declaring specialty, and also upon the common counts. In the special count lie alleged that lie had entered into an agreement with them by which they were to sell, assign and transfer to him a certain chattel mortgage they then held, and all interest in the property therein described, in consideration of his agreeing to pay them the amount due upon the mortgage, and not exceeding seven hundred dollars; that he paid six hundred and thirty-seven dollars and seventeen cents, and within a reasonable time thereafter offered to pay the balance, and…