Scafidi v. Western Loan & Building Co.

ATTERIDGE, J. pro tem.

Plaintiffs’ appeal is from a judgment on the pleadings entered by the trial court on motion of the defendants.

The basic cause of action which plaintiffs attempted to plead in their complaint appears to be that form of assumpsit denominated as “money had and received,” but both in the trial court and before this reviewing court they contend otherwise and take the position that theirs is in essence an action for fraud and deceit. If the action is of the first ascribed classification it must be held, as the trial court found, to have been barred by the statute of…