Cox v. Grose

This is an action at law instituted by W. T. Cox, who is plaintiff in error here, against W. P. Grose to recover $5,000.00 paid by plaintiff to defendant as a part of the purchase money upon a written contract under seal for the sale by defendant to plaintiff of certain lands in Brevard County.

Plaintiff’s declaration was upon the common counts for money received by the defendant for the use of plaintiff, and upon an account stated. No evidence was offered in support of the latter count, so the matter stands for consideration upon the count for money received by the defendant for use of the…