Pancoast v. Dinsmore
Supreme Judicial Court of Maine
On exceptions by defendant. Overruled. Action of assumpsit for money had and received, with specifications of what the plaintiff expected to show and prove under the money had and received count. Plea, the general issue. During the trial, the presiding Justice excluded certain evidence offered by the defendant, and at the conclusion of the testimony ordered a verdict for the plaintiff. To these rulings the defendant excepted. The case is stated in the opinion.
1Opinion of the CourtSavage, J.
This case comes up on defendant’s exceptions to the exclusion of evidence, and to the ordering of a verdict for the plaintiff. The evidence in the case shows that the plaintiff negotiated with the defendant for the purchase of a farm. The negotiations ended in a written contract signed by the defendant as agent for one Hilton. By the terms of the contract, Hilton w-as to execute and deliver to the plaintiff, at a time and place certain, a warranty deed of the farm, with the usual covenants, and the plaintiff was to pay four hundred dollars down, that is, at the execution of the contract, and…
2Cases cited1 opinion
- Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
3Cited by12 opinions
- Garrison v. Edward Brown & SonsCalifornia Supreme Court · 1944
- Gauss v. KirkCourt of Appeals for the D.C. Circuit · 1952
- Franta v. HodgeMissouri Court of Appeals · 1957
- Pelletier v. DwyerSupreme Judicial Court of Maine · 1975
- Armstrong v. PalmerCourt of Appeals of Texas · 1920
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