Colby's v. Poor

This is an action in contract and was tried by the court without a jury. Judgment was rendered for the defendants, and the cause is before us on the plaintiff’s exceptions.

The declaration alleges that on or about the first day of January, 1946, the defendants received from the plaintiff’s testator a check for $3485. for the purpose of paying a note secured by a mortgage on their farm, upon an agreement that they would execute to the testator a note for the amount of the check, and a mortgage to secure it; that the note and mortgage were prepared, but the testator died before these documents…