Bradford v. Parkhurst

Temple, C.

— This appeal is from a judgment and an order refusing a new trial.

The action is for money had and received for plain*104tiff’s use, and for interest on “divers sums forborne by-plaintiff to defendant at his request.”

The statement shows that between January 9 and March 31, 1888, defendant executed to plaintiff and his assignors seven contracts for as many distinct parcels of land.

The contracts are alike, and are in the form of receipts for specified sums of money, part of the purchase price, followed by a recital as follows: “Leaving a balance .... to be paid on said purchase, which, by…