Berard v. Dolan

Jeffords, J.. This is an action of contract to recover money claimed to have been paid under a mutual mistake of fact. The case was tried by jury with a resulting verdict and judgment for the plaintiff. It is here on exceptions of the defendant. The first exception briefed is to the refusal of the trial court to direct a verdict for the defendant.

The facts taken in the light most favorable to the plaintiff as they must be in considering this exception are as follows: The plaintiff came to see the defendant about purchasing a store owned by the latter in Sheldon Springs. The purchase price of…