Butler Bros. v. Connolly

This is an appeal by defendant from a judgment for plaintiff for money due.

Facts

Plaintiff was the owner and defendant the manager of a store at Ontario, California, during July 1956 to January 1959. Serious shortages of inventory were discovered on annual check and plaintiff brought this action to recover $60,000 from defendant. The complaint is in three alternative counts, the first count being in the form of the common count of goods sold and delivered for which defendants agreed to pay; the second being in the form of the common count of money received by defendants for the use and benefit…