Sproul v. Russell

The opinion of the court was delivered by

Smith, J.:

This action was to recover money which plaintiff alleged had been wrongfully obtained from him by defendant. Judgment was for defendant. Plaintiff appeals.

Appellee is a dentist practicing at Sedan. The petition alleged that appellant contracted with appellee for a set of a false teeth. The petition further alleged that a set was made by appellee, which did not fit, but that appellant had paid appellee the full price for the teeth before he learned that they would not fit. The petition alleged that appellee then measured appellant for a second…