Defendant excepted to the court's finding of fact that ". . . plaintiff, on the 28th day of May 1970, caused to be paid by check to the defendant the sum of $5,000.00 on account in partial payment for defendant's stock." (Emphasis added). Although the legal significance of the finding excepted to is obscure, we agree that it is not supported by the evidence. It may well be conceded that plaintiff advanced...
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