Cleary v. Folger

Foote, C.

This was an action to recover the sum of nine hundred dollars, alleged to have been received by the defendant for the plaintiff’s use. The court below, upon the evidence offered by the plaintiff, granted the motion of nonsuit made by the defendant. From the judgment thereupon rendered, and an order denying a new trial, this appeal is taken.

The facts of the case are, that the two parties to the action entered into a contract, which is as follows: —

“ This agreement, made and entered into this twenty-second day of August, in the year of our Lord one thousand eight hundred and…