Bamman v. Erickson

I dissent and vote to reverse the. judgment, to direct judgment in favor of the plaintiff against the. defendant for the amount of plaintiff’s damages to be ascertained, upon a new trial, and for such new trial of the action for that limited, purpose.

As indicated in their determination for affirmance, my learned, colleagues of the majority are of opinion that the authorities by them cited (Watts v. Malatesta and Dupper v. Rogan, supra) warrant such affirmance. I respectfully differ with them as to the. effect of those cases. The action is for money had and received and is brought to enforce…