Lee v. Wyse
Supreme Court of Connecticut
Assumpsit upon the common counts; brought to the Superior Court in Middlesex county, and tried to the jury upon the general issue, with notice of the defence of the statute of limitations, before Granger, T. The defendants were partners under the name of Wyse & Co. The claim of the plaintiff was upon a general account, including charges for money paid on a contract, which had been rescinded, for the purchase of certain real estate.
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Assumpsit upon the common counts; brought to the Superior Court in Middlesex county, and tried to the jury upon the general issue, with notice of the defence of the statute of limitations, before Granger, T. The defendants were partners under the name of Wyse & Co. The claim of the plaintiff was upon a general account, including charges for money paid on a contract, which had been rescinded, for the purchase of certain real estate. The jury having rendered a verdict for the plaintiff, the defendants moved for a new trial for errors in the rulings of the court upon the admissibility of…
1Opinion of the CourtCarpenter, J.
In 1849 the plaintiff took possession of a farm belonging to the defendants, the legal title of which was in John Wyse, one of the defendants, and occupied it as their tenant seventeen years. During this time he made a parol contract with John Wyse for the purchase of the farm, and paid a part of the purchase money. In 1868 the defendants repudiated the contract, and offered the farm for sale, by advertisement and otherwise, and in fact sold it in 1866 to another party.
This action is brought to recover a balance due the plaintiff, upon a settlement of all the accounts between the parties,…
2Cited by3 opinions
- Blakeman v. FondaSupreme Court of Connecticut · 1874
- Pullan v. Lincoln Machine Co.Superior Court of Rhode Island · 1933
- Wilcox v. ClarkeSupreme Court of Rhode Island · 1893