Bennett v. United Lumber & Supply Co.

The action was brought in two counts; the first alleging the conversion by the defendant of a negotiable note for $2500 belonging to plaintiff, the second alleging that for more than eight years prior to the action the plaintiff had purchased goods of defendant and overpaid defendant more than $8000 upon defendant’s representation that he then was indebted to it when no such indebtedness existed. The action upon the second count was in reality an action for an accounting involving many charges and credits between the parties aggregating upward of $50,000. The trial was a protracted one; the…