Smith v. Taylor

Judgment for plaintiff, motion for new trial denied, and defendant appeals from both judgment and order.

The complaint i§ in three counts. The first is for the recovery of five hundred dollars, money paid on account of the purchase of an interest in certain lands, under an agreement that if upon examination of abstract it was found that title was not good the money was to be refunded, and alleging that upon such examination it -was found that the title was not good; the second, upon the common count for money had and received; and the third, for the recovery of the same money upon an alleged…