Whitlock's, Inc. v. Manley

The complaint in this action was in two counts. In the first count, it was alleged with some detail that Roy E. Manley purchased antiques on a consignment basis, that he had sold all or part of the merchandise and failed to account therefor or to make any payment thereon or to return any of the merchandise remaining unsold, and that in obtaining money received from the sale of the merchandise, he was acting in a fiduciary capacity for the benefit of Whit-lock’s Book Store, Inc., and in the sale was acting as its agent. The second count of the complaint was the same as the first count except…