Weaver v. Aitcheson

This is an action of assumpsit, brought by plaintiff against the defendant to recover back money paid on a contract for the sale of land.

The defendant sold by contract to the plaintiff 40 acres of land, lying in the township of Novesta, in the county of Tuscola, for the sum of $400, to be paid as follows: $30 on the execution of the contract; $100 on the first day of February, 1885; $100 February 1, 1886; $100 February 1, 1887; and $50 August 1, 1887. The first two payments were made according to the conditions of the contract.

On the twenty-sixth day of January, 1885, without the knowledge or…