Nakdimen v. Baker

THOMAS, Circuit Judge.

This is an appeal from a judgment at law in favor of the appellee, plaintiff below, against appellant, defendant below. The appeal presents but one question necessary to its determination. Other questions are raised in argument, but since, in the view we take of the issues, the judgment must be reversed and the case remanded for a new trial, all minor' and incidental matters will be passed over because they may not arise on the second trial.

The ultimate question is whether the action is in assumpsit for damages for breach of contract or in tort for damages for conversion…