Wingate v. Neidlinger

This action was commenced by the appellee against the' appellant in the Clay Circuit Court, and was, on motion of appellant, venued to the Putnam Circuit Court, where it was tried by a jury, and resulted in a verdict against *521appellant for fifty dollars, on which the court below rendered judgment, over a motion for a new trial.

The complaint is in three paragraphs.

The first is a common count for personal property, sold and delivered, etc.

The second is upon a settlement of accounts for an ascertained balance due from defendant to plaintiff1.

The third paragraph sets up specifically the facts, in…