Goldberg v. West End Homestead Co.

The opinion of the court was delivered by

Swayze, J.

This was an action to recover back money which had been paid upon a contract for the sale of land, upon the ground that the plaintiff was a lunatic at the time of the contract and of the payments made thereon. The payments were made in June, 1906'. An inquisition in lunacy taken in March, 1907, found that he had been a lunatic since March, 1906, and, in addition, there was medical testimony justifying the inference that he was a lunatic at the time the contract and payments were made. The trial judge properly charged that it was necessary for…