Day v. Wilson

Morris, C.

The appellee sued the appellant before a justice of the peace, for money had and received. The appellant succeeded before the justice. The appellee appealed to the circuit court, where he obtained a judgment.

The appellant moved for a new trial. The motion was *464■overruled, and the appellant appealed to this court, assigning .as error the overruling of his motion for a new trial.

The question contested by the parties is thus stated by the appellee:

“ Can a party who has paid part of the purchase-money on a verbal contract for the purchase of real estate, refuse to accept a deed and…