Hendrickson v. Wright

ARCHIBALD, Justice.

On appeal. Plaintiff brought an action to recover the consideration agreed to be paid for the sale of certain real estate (the Stony Brook lot), namely, Twenty-five Hundred Dollars ($2,500.00). The defendant admitted this obligation but filed a counterclaim 1 asserting an overpayment for land (the Merrill Farm) previously purchased, which plaintiff denied. Jury trial was waived and the single Justice made the following ruling on the counterclaim:

“The defendant by way of his counterclaim seeks to recover damages for breach of agreement whereby plaintiff allegedly contracted…