Bains v. Ensor

RICHARDSON, Chief Judge.

Appellant, an attorney, was employed to purchase outstanding tax titles to certain properties. He sued to recover an alleged overpayment which he claimed resulted from a mutual mistake in computing the aggregate total of the individual items forming the basis of the verbal agreement of sale. At the conclusion of plaintiff’s evidence, the court entered judgment for defendant, appellee here.

The first negotiations leading up to the purchase had reference to sixteen lots in a subdivision known as Woodhaven. Plaintiff addressed a letter to a “Mr. E. Harmon,” in whose name a…