Alley v. Peeso

delivered tbe opinion of tbe court.

This action, by agreement, was tried to tbe court without a jury. Tbe court adjudged that each party take nothing by tbe action, and that defendant recover from plaintiff bis costs. From tbe judgment, defendant appealed.

Tbe complaint consists of two causes of action, tbe first for money loaned, and tbe second for tbe purchase price of 4,500 shares of stock of tbe Zonolite Company, a Montana corporation, alleged to have been sold by plaintiff to defendant.

The answer of the defendant consists of (1) a general denial, (2) a cross-complaint in which it is…