Barnard v. Colwell

The plaintiffs filed in this case a declara*217tion on the special case, setting foEth that on the 12th day of October, 1875, defendant was the owner of certain real estate which he agreed to sell to the plaintiffs for the same sum of money which he had paid for it, but falsely and fraudulently pretended he had paid for it the sum of four thousand dollars; that plaintiffs agreed to buy said real estate and to pay defendant therefor what he had paid for it, and that deceived by defendant’s fraudulent representations they paid defendant the sum of four thousand dollars; that in fact defendant only…