BERARD v. DOLAN

No. 384.

100 A.2d 581 (1953)

BERARD v. DOLAN.

Supreme Court of Vermont. Chittenden.

November 3, 1953.


Attorney(s) appearing for the Case

Omer Moreau, Burlington, for plaintiff.

William R. McFeeters, Swanton, for defendant.

Before SHERBURNE, C. J., and JEFFORDS, CLEARY, ADAMS and CHASE, JJ.


JEFFORDS, Justice.

This is an action of contract to recover money claimed to have been paid under a mutual mistake of fact. The case was tried by jury with a resulting verdict and judgment for the plaintiff. It is here on exceptions of the defendant. The first exception briefed is to the refusal of the trial court to direct a verdict for the defendant.

The facts taken in the light most favorable to the plaintiff as they must be in considering this exception...

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