Duncombe v. Tromble

This is an action in assumpsit, brought to recover the sum of $500, paid to defendant by plaintiifs upon a claimed void and rescinded agreement.for the sale of real estate. On August 13, 1920, Susan Duncombe gave to Charles Messmer, as agent for defendant, the sum of $10 and received a receipt reading:

“Aug. 13, 1920.

“Received from C. Duncombe $10.00 as option on house on lot No. 95.

(Sgd.) “Chas. Messmer.’*

August 16,1920, Clark A. Duncombe paid defendant in person $490 and received the following receipt:

“Detroit, Mich., Aug. 16, 1920.

“Received of Clark A. Duncombe, Susan M. Duneombe, five…