Daskalopoulos v. Mulvanity
Supreme Court of New Hampshire
Assumpsit, for money had and received. The plaintiff sought to recover the sum of $517, paid on account of the purchase price of an automobile which he bought of the defendant and which the defendant afterwards took from the plaintiff. Trial by the court and verdict for the plaintiff. At the close of the evidence the defendant moved for a verdict. This motion was denied subject to exception. Transferred from the September term, 1919, of the superior court by Marble, J.
1Opinion of the CourtPeaslee, J.
There was evidence from which it could be found that after a contract of conditional sale was made and while the plaintiff was not in default, the defendant wrongfully took the car from the plaintiff’s possession, and refused to return it until the plaintiff paid the balance of the purchase price, which was not then due. The plaintiff was willing to pay if he could have the car, but the defendant insisted upon retaining possession. Upon these facts the plaintiff had an undoubted right to treat the contract as rescinded and recover the money he had paid. Dow v. Harkin, 67 N. H. 383, and cases…
2Cases cited1 opinion
- Dow v. HarkinSupreme Court of New Hampshire · 1892