Barker v. Fordville Land Co.

Plaintiff, vendee in a land contract which he claims was induced by the fraud of vend- or ’s agents, defaulted in payments thereon. Vend- or, in pursuance of the contract, gave notice of such default, election to retain the payments made on the contract, and took and now holds possession of the premises. Plaintiff sued defendants to recover the money paid by him as a part of the purchase price of the property, the declaration counting on the fraud and containing the common counts in assumpsit. From a verdict for defendants, directed by the trial court, plaintiff appeals.

When plaintiff…