Gang & Gang, Inc. v. Rogalsky

The opinion of the court was delivered by

Case, J.

Plaintiff filed a state of demand containing three counts, the first on a book account, the second on an account stated and the third on quantum valebant. All of the counts were variations of the same claim and each set forth an original debt of $674, upon which $175 had been paid, leaving the sum due $499. There was evidence from the plaintiff itself that the claim actually grounded in a conditional sales contract for the sale of household furniture at the price of $674, upon which $175 had been paid and $499 was unpaid. It appeared clearly…