Gray v. Rich

This was an action commenced by Gray against Rich before a justice of the peace, to recover damages for an alleged fraud in the sale of personal property. Upon the failure of the defendant to appear, the plaintiff recovered a judgment for 18 dollars. The defendant appealed to the Common Pleas, and, upon his motion, that Court dismissed the case for want of a sufficient cause of action.

The complaint alleges that on the 20th of August, 1853, the defendant sold plaintiff a mare, for which he paid defendant 119 dollars, by giving his note, with security, due the 25th of the next December; that…