Allen v. Marciano

This is an action of assumpsit which was tried before a justice of the superior court sitting without a jury and resulted in a decision for the plaintiff for $300. The case is here solely on defendant’s exception to that decision.

On September 3, 1949 the parties entered into a written agreement in which plaintiff agreed to buy and defendant agreed to sell a certain parcel of real estate for $10,700. At the time the plaintiff signed the agreement defendant was not present but was represented by an agent with full authority toi act for him. The agent received the sum. of $300 from the plaintiff…