Abbey v. Altheimer

This is an action by a principal against his agent for alleged breach of duty in effecting an exchange of certain parcels of real estate. It is in effect an action for money had and received on account of fraud and deceit. The jury’s verdict found in favor of plaintiff, and assessed his damages at the sum of $1039, with interest. Prom the resulting judgment of $1189.63 the defendant appeals.

The essential allegations of plaintiff’s petition, which the evidence adduced on behalf of the plaintiff, if believed, tended to prove, are to the effect that the plaintiff was the owner of certain…