Gillham v. Federal Express Money Order, Inc.

Bull, Presiding Judge.

All of the substantive rights of the parties in this case arose prior to the effective date of the Uniform Commercial Code.

The brief of evidence reveals that the total sum of $2,901.26 for which plaintiff sued is divisible necessarily into two well-defined categories. Each is governed by separate and distinct legal principles although collectively they arose out of the same cause of action—the alleged breach of contract. Consideration of each necessarily arises under the general grounds of the motion for new trial.

The first classification amounts to $1,234.78 and is…