Kurtz v. Farrington

This action was brought on two counts. While the court found the issues for the plaintiff, it is obvious that the damages were assessed on the first count only, for the proof of the allegations of the first count entitled the plaintiff to recover $2,000 damages, plus $192 of interest, which sums comprise the exact amount of the judgment. Since the judgment was rendered on the first count alone, and the defendant has not been prejudiced by the general finding of the trial court upon both counts, we shall confine our consideration of this appeal to the first count only.

That count alleges, in…