Curry v. Dahlberg

* NOTE: Opinion on Motion for Rehearing reported in112 S.W.2d 345. This case, coming recently to the writer, is an action to recover certain amounts alleged to be due plaintiff under a contract made in July, 1914. Suit was commenced in 1918. The amount alleged to be due plaintiff, under the facts stated in the second count of his fourth amended petition is $43,529.77. In other counts, it was alleged that other and additional amounts were due plaintiff but that an accounting was necessary to determine these amounts and the total sum due from defendant to plaintiff. The court sustained a…