Moss v. Condict

This appeal was taken to review an order of the circuit judge granting a motion for a new trial after the jury had returned a verdict favoring the plaintiff.

The declaration contained four common counts, but in the course of the trial two of them were abandoned. There remained one for "work done and services rendered by the . . . plaintiff to the defendant. . . .", and another for "money payable by the . . . defendant to the . . . plaintiff, for money received by the defendant for the use of the plaintiff." To all the counts there had been filed the plea that the defendant "never was indebted…