Barrett v. Greenall

This case comes to the Court on exceptions by the plaintiff to the action of the justice presiding in the Trial Court in directing a verdict for the defendant at the close of the plaintiff's evidence, and a single exception to an evidence ruling which it is not necessary to consider. Plaintiff's declaration, as amended, sets forth in two counts, one of which is a general omnibus count with a specification that reiterates the allegations of the other as to the sum of $300 paid by him to the defendant on named dates, that an oral or verbal contract for the sale of a cottage and lot by the defendant to the plaintiff at a price of $1200 was entered into in June, 1939, when $100 was paid as a deposit or partial payment thereon and possession taken (there being no allegation that a time was then fixed for payment of the balance); that thereafter a further payment of $200 was made to apply on the purchase price, and the expiration date fixed at ""on or before September 21, 1940""; and that on said expiration date, the defendant verbally notified the plaintiff that he had sold the property to a third party and ""then refused to complete"" the transaction although the plaintiff was ""prepared and ready to pay the balance"" of the agreed purchase price.