Smith v. Rodick

This is an action for money had and received. Plaintiffs recovered a verdict and judgment for $1,550. Defendants were granted a new trial and plaintiffs have appealed.

In substance plaintiffs’ petition alleged! that they agreed to purchase and defendants agreed to sell for $6,200 certain steel forms intended for use in the construction of concrete dwelling houses; that for the purchase price plaintiffs paid to defendants $1,550 in cash, and executed two promissory notes payable to defendants, the face amount of one note being $4,696.50, the other $827.75; that defendants failed and refused to…