Ruby Chief Mining & Milling Co. v. Prentice

The object of this action was to recover for money advanced, articles furnished, and services rendered, by plaintiff’s assignor to the defendant company at its request. There have been two trials, the first one resulting in a verdict and judgment for $4,078, made up of two items, viz: $4,000 for money advanced, and $78.00 for articles furnished. Upon appeal from that judgment to this court, it was held, upon the uncontroverted testimony in the record then before the court, that $2,700 of the amount included in the verdict was not advanced, or applied, or so intended, to the defendant’s use,…