Seekins v. King

This is an action of assumpsit brought by the administratrix in Rhode Island of the estate of the late Charles A. Seekins, of Gardiner, Maine, deceased, to recover $400 paid by said Charles A. Seekins to the defendant as part payment under an executory contract for the purchase of certain real estate in the town of Cumberland in this state. The declaration contains a count in special assumpsit and the common counts. The defendant’s demurrer to the special count was overruled and he duly excepted.

The case was tried before,a justice of the superior court, sitting without a jury, who gave a…