Brown v. Aitken
Supreme Court of Vermont
Assumpsit for money had and .received. Pleas, the general issue, with special pleas of set-off, payment and accord and satisfaction. Trial by jury at the September Term, 1915, Franklin County, Butler, J., presiding. Verdict and judgment for the plaintiff. Defendants excepted. The opinion states the case.
1Opinion of the CourtPowers, J.
The action is assumpsit for money had and received, and when the case was here before (Brown v. Aitken, 88 Vt. 148, 92 Atl. 22, Ann. Cas. 1916 D, 1152), we sent it back for a retrial on the issues undisposed of by the following special verdicts:
1. Did the defendants’ agent bargain to convey the land in question to a line westerly of the elm trees, so as to include said trees? Ans. Yes.
2. Did the plaintiff before this suit was brought offer to. pay the balance of the purchase price of the premises in question when the defendant should deliver to him a deed to the line claimed by him? Ans. Yes.
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2Cases cited17 opinions
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- Leroy & Western Railway Co. v. HawkSupreme Court of Kansas · 1888
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