Rezendes v. Flanders

This is a civil action sounding in tort for property damage to the plaintiffs vehicle caused by the negligence of the defendant. The answer raises, inter alia, the affirmative defense of payment in the sum of $2,500.00.

The case was tried principally on the question of damages; all other defenses were waived at-trial.

The court made a finding for the plaintiff and ordered judgment, as follows: ^Judgment shall enter for the plaintiff in the sum of SEVEN THOUSAND DOLLARS AND NO CENTS ($7,000) with title to the damaged vehicle going to the defendant or his ■ nominee, should the insurer desire to…