Benton v. Davison

MORIARTY, C.

The appellant, Hurlbert James Benton, began this action to recover certain sums paid- to the respondent under the terms of a land sale contract. In his complaint he alleges that the respondent has failed to perform according to the terms of the contract, and that by such default on respondent’s part appellant became entitled to rescind the contract and recover the payments made thereon.

Respondent denies that there has been any default on his part, and alleges that appellant has -defaulted in making the payments required by the terms of the contract, and that such -default entitles…