Moore v. Francis

This was a suit in assumpsit, brought by appellee against appellant and Peter Diddea, to recover damages for a breach of a written contract under seal, for the sale of land.

The declaration contains two special counts and the consolidated common counts. The first count alleged that on January 26, 1906, the defendant Peter Diddea was the owner in fee simple of certain lands, and had before that time constituted and appointed the defendant Frank Moore his agent to contract and sell the same to plaintiff; that on said day the plaintiff and said defendants entered into a contract agreement,…