Honolulu Iron Works Co. v. Hara

OPINION OP THE COURT BY

PETERS, C. J.

Plaintiff brought an action against tbe defendant in assumpsit. The complaint contains two counts, one for goods, wares and merchandise sold and delivered, and one upon an account stated. Both counts contain an ad damnum of $3131.83 and interest. The first count makes no reference to the date of sale. The second count alleges the account as having been stated between the parties on February 27, 1922, the same day on which the action was instituted. The prayer for judgment is for the sum of $3131.83 and interest, costs and attorney’s fees. Upon application…