Ely v. Hanford

On the 13th day of July, 1870, Ely, the appellant, entered into a written contract with Christopher Metz for the purchase from the latter of a lot in the town of Hyde Park, for $2500, in the name of George W. Waite, but for the joint benefit of Ely and Waite, Ely making the first payment to Metz, of $612, on the same day.

Afterwards, on the 30th day of the same month, Metz executed a deed of the lot to Hanford, the appellee, in fulfilment of the contract of the former with Ely and Waite, Ely paying Metz the ■ balance of the $2500 over an incumbrance on the lot, and, at the same time, informing…