Merryfield v. Willson

The case made by the petition is, that the plaintiff paid the defendant a certain sum of money in consideration that he would transfer to him his certificate as a colonist, in Peters’ Colony, or procure for him a colonist’s head-right certificate; that the defendant had failed to perform his contract, and that he had, in fact no right to convey or trans*225fer ; and that he had fraudulently obtained from the plaintiff a certain sum of money, the sum paid for the certificate.

The defendant appears to have contracted to do an act which he did not possess the legal capacity to perform, certificates…