Harris v. Miller

In this action the plaintiffs’ complaint pleaded a cause of action against the defendant, in the form of a common count, for moneys had and received in the sum of $8,500. Defendant, answering, denied all of the material allegations of the complaint. The evidence, adduced in response to the issues made by the pleadings, discloses that the gravamen of the plaintiffs’ cause of action is for fraud and deceit and consists of claimed false and fraudulent representations alleged to have been made to the plaintiffs, by an agent of the defendant, whereby Samuel P. Harris, one of the plaintiffs, was…