Eckert v. Clark

The action was for money had and received to the use of the plaintiff, the claim being admitted by stipulation in the record as follows:

“ It is stipulated herein, and the defendant admits, that he has received to the use of this plaintiff the sum of $82.50, which the defendant received on or about the 1st day of February, 1895, and which he now holds for the plaintiff herein : being plaintiff’s share in the interest of defendant in the firm of Flyer & Clark for the month of January, 1895.”

The issue litigated was solely as to the defendant’s counterclaim for services. Upon the first trial of…