Fry v. Talbott

The appellee sued the appellants in assumpsit for money which he alleged he had paid for them at their request. There are seven counts in the declaration — the first being a special one and the others common counts. The first alleges that he paid the sum of $167.63 for taxes due on some property in the city of Washington and the sum of $321.97 to reduce a lien on that property.

There was an agreement under seal by which the appellants agreed to convey to the appellee three lots in Washington, “subject only to a trust of $2,700 now of record,” and that part of the agreement concluded by saying…