Cloud v. the State Terminal Co., Ltd.

This is an appeal by plaintiff from the order of the trial court granting defendant’s motion for a new trial.

The complaint in the action contained four counts for services rendered by plaintiff. This first was based upon an account stated; the second upon a book account; the third upon the reasonable value; and the fourth upon a written contract. The prayer of the complaint was for the sum of $5,203.19 “and for such other sum as the court after an accounting had shall determine is due and owing to plaintiff ’ ’. In the answer, defendant pleaded among other things the abandonment of the…