Birks v. Gillett

This was a suit in assumpsit brought by appellant against appellee, to recover a sum of money alleged to have become due under the following circumstances: Appellee was the owner of certain lands which appellant was desirous of purchasing. But one quarter section of it was subject to a life estate in one Jemima Gillett, as dowress of a former owner. Before appellant would make the purchase, it became necessary to acquire this life estate for his use, so that he could have the immediate possession of the whole. The evidence tends to show that appellee told appellant to go and see if he could…