Delahanty v. Chicoine Motor Sales, Inc.

On exceptions. This is an action in assumpsit to recover $285.15 for taxes paid to the defendant’s use. The defense is that the action is barred by a mutual release executed prior to the commencement of suit. The presiding Justice in the Superior Court, hearing the case without a jury, found for the defendant.

The evidence offered by the plaintiff, as stated in the bill of exceptions, may be summarized as follows:

For several years the plaintiff and the defendant were engaged in the operation of a used car lot in Berlin, New Hampshire, under the name of Twin Town Motors. Ostensibly the…