Difrancesco v. Goldman

The plaintiff brought this action in two counts. In the first count he alleged that the defendant received on behalf of the plaintiff $13,500 and was wrongfully withholding therefrom the sum of $3200. The second count was for services and mate" rials claimed to have been furnished by the plaintiff for the defendant. No questions relating to the second count are involved upon this appeal and we do not further refer to it. In his answer, the defendant admitted the receipt of $13,500 and, by way of a special defense, alleged that this sum was received in settlement of a suit brought by the…