Clark v. Stetson
Supreme Judicial Court of Maine
On motion for new trial by defendant. This is an action of assumpsit for money had and received to recover fifteen hundred dollars, paid to defendant by plaintiff as a part of the purchase price of defendant’s farm and certain personal property. Plea, the general issue. The jury rendered a verdict for the plaintiff for $1105.42, and the defendant filed a general motion for a new trial. The case is stated in the opinion.
1Opinion of the CourtCornish, J.
This is an action for money had and received brought to recover the sum of fifteen hundred dollars, paid on account of the purchase price of a farm and certain personal property. The plaintiff obtained a verdict in the sum of $1105.42 and the case comes to the Law Court on the defendant’s general motion.
The plaintiff sets up two grounds on either of which he bases his right of recovery, first that the minds of the parties never met and agreed upon the purchase price so that no contract was made between them; and second, if a contract was made, it was voidable because of the false…
2Cases cited4 opinions
- Burton v. DriggsSupreme Court of the United States · 1874
- Stebbins v. DuncanSupreme Court of the United States · 1883
- Gage v. EddyIllinois Supreme Court · 1897
- Aulger v. SmithIllinois Supreme Court · 1864
3Cited by1 opinion
- Mott v. LombardSupreme Judicial Court of Maine · 1995