Morgart v. Smouse

The appellee sued the appellant in the Circuit Court for Allegany County to recover what he claimed to be his share of the profits realized from the purchase and sale of certain real estate. The declaration contained only the common counts in assumpsit, but it was accompanied by a bill of particulars in the form of an account charging the defendant with one-half of specified profits alleged- to have been received by him on three several transactions. The count relied on in argument by the plaintiff was the one for money had and received for his use.

The appellant as defendant pleaded two…