Mosher v. Schumm

In the district court, Mosher, as defendant, was sued by Schumm, as plaintiff, for the recovery of one-half the cost and cash value of a partition fence ($610.00) and one-half the cost of its subsequent maintenance ($74.01). Plaintiffs right of recovery, pleaded in a single cause of action, was premised upon an agreement of the parties and the statutory liability of defendant, as alleged. Following the overruling of his motion seeking a division of the two grounds of recovery asserted, into separate causes of action, and for an election thereon, defendant answered by way of general denial and…