Dimes v. Golden Bell Cleaners, Inc.

Action in which the plaintiff joins a count in contract with one in tort, the counts being for one and the same cause of action. The plaintiff sues as the owner of a rug entrusted to the defendant for dyeing and not returned. The defendant’s answer consists of a general denial and a plea of the statute of limitations.

There was evidence that the rug was delivered to the defendant in 1937; that after three or four weeks the plaintiff *216began calling for it; that the defendant twice attempted to deliver to the plaintiff a rug which the plaintiff rejected in each case as not the one delivered to…