Kinne v. Lampson

This is an action to recover $1,000, paid by Felix L. Kinne (referred to herein as though he were the sole plaintiff-appellant) to B. L. Lampson (referred to herein as though he were the sole defendant-respondent) as the down payment on the purchase of a steam boiler. At the close of the evidence the trial judge filed a memorandum opinion, indicating that he intended to decide the controversy in favor of the plaintiff. The defendant, on the ground of settlement, then moved to dismiss the lawsuit. The motion was granted, and this appeal by the plaintiff followed.

In March, 1956, by an oral…