W. A. Lathem and Sons v. Reinhardt

R. E. Reinhardt sued W. A. Lathem & Sons, a partnership, and E. M. Lathem, S. J. Lathem, and C. W. Lathem, as the individual members of the partnership, on an alleged contract for the sale of lands. Upon demurrer the plaintiff amended his petition, adding count two based upon an action for money had and received. The court sustained general demurrers to* count one of the petition and overruled the demurrers as to count two. No exception was taken by either party to this ruling. A trial was had before a jury, and after the introduction of the evidence the court, on August 19, 1947, directed a…