Dulac v. Bilodeau

This is an action in assumpsit for money had and received by a prospective purchaser against a part owner to recover an “initial payment” made to a real estate agency. The case is before us on exceptions (1) to the refusal to direct a verdict for the defendant, and (2) to a portion of the charge. Other exceptions were abandoned.

First Exception

Under the familiar rule, in testing the denial of a directed verdict we take the evidence in the light most favorable to the successful party, here the plaintiff. Jordan v. Portland Coach Company, 150 Me. 149, 107 A. (2nd) 416 (1954); Greene, Admr. v.…