Nua v. Mahelona

OPINION OF THE COURT BY

QUARLES, J.

This action of assumpsit comes before us upon exceptions. It is alleged in the complaint that the plaintiff advanced to the defendant April 17, 1911, the sum of $850, *703it being agreed between them that the defendant would payout of said money certain claims and demands against the plaintiff and place the balance of said sum in bank to the credit of the plaintiff; that defendant did pay said claims and demands amounting to the sum of $110 but failed and refused to place the balance of said sum ($740) in bank to the credit of the plaintiff, but instead of so…