WILLIAMSON, Justice.
This is an action in assumpsit for money had and received by a prospective purchaser agaisnt 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...
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