BAKER, Justice.
This action of assumpsit was tried in the superior court before a justice thereof sitting with a jury and resulted in a verdict for the plaintiffs for $1,000. Thereafter the trial justice denied the defendant's motion for a new trial and the case is before this court on the latter's bill of exceptions.
The plaintiffs sued to recover the sum of $1,000 which they contend was turned over to defendant as a down payment under an agreement to buy...
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