John H. Spohn Co. v. Bender

Plaintiff sued defendant herein for the sum of $2,906.58 on a complaint in two counts; the first for money had and received, the second alleging the facts upon which the first cause of action was based. Defendant, answering, set forth numerous special defenses and filed a cross-complaint. There were two trials. In the first, judgment went in favor of plaintiff. A new trial was granted and plaintiff filed an appeal from the order, which he subsequently dismissed. Upon the second trial judgment went in favor of defendant. Motion for a new trial was made and denied. This is an appeal from the…