Myers v. Sparks

Action by appellee to recover from appellants money had and received in. connection with a transaction concerning land of Edward and Kenneth Ogle who were joined with appellants as parties defendant. The action was begun by a complaint in a single para graph, in which it is averred, among other things, that the defendants, appellants hérein, had received the sum of $6,500, “which said sum was paid to said parties for and on behalf of this plaintiff., and to be delivered by said parties to this plaintiff.” As parties defendant, appellants moved that appellee be ordered to make this averment of…