Niedzwiecki v. Laudati

This is an action of assumpsit, in which the declaration contains a count alleging an indebtedness of the defendant to the plaintiff on book account in the amount of $212, and contains also the common and money counts on an alleged indebtedness of $300. A bill of particulars by the plaintiff states that he seeks to recover $200 paid by him to the defendant on May 6, 1932, by way of deposit on “an agreement for the sale of real property, which agreement has been rescinded by the plaintiff because of the inability of the defendant to carry out its specific terms.”

The only evidence that is…