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126 Mass. 30

Linton v. Hichborn

Massachusetts Supreme Judicial Court

Decided November 29, 1878

Massachusetts Supreme Judicial Court · decided 1878-11-29

Contract upon an account annexed to recover back $300 paid on account of the purchase money, which was $2,500, of a parcel of real estate sold by auction to the plaintiff. Answer, a general denial.

Decided 1878-11-29

By the Court.

¶1This court cannot revise the finding in matter of fact of the judge by whom the case was tried with out a jury. The bill of exceptions fails to show that the judge *32made any ruling in matter of law, beyond declining to rule that the facts which the evidence tended to prove did not constitute in law such a breach of the contract, on the part of the vendor, as would release the purchaser from his obligations, and entitle him to recover back the part of the purchase money already paid; and does not disclose the nature and degree of the injuries to the property with sufficient fulness and distinctness to enable this court to determine that the refusal so to rule was erroneous.

¶2Exceptions overruled.

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