Benson v. Dean

Dickinson, J.1

This action is for the recovery of the value of a quantity of brick, alleged .in the complaint to have been sold by the plaintiff to the defendant. The answer denied the sale. It appeared upon the trial that the plaintiff sold and delivered the brick to one Anderberg, who commenced using them in the construction of a building upon land which this defendant, Dean, had contracted to sell to an association of persons with whom Anderberg was connected. It appears that the contract for the sale of the land was afterwards rescinded. Dean resumed possession of the land, and used the…