Kassvan v. Thomas E. McElroy Co.

MAJOR, Chief Judge.

This appeal is from a judgment in favor of the plaintiffs in the amount of $3,950.00, entered March 17, 1949. The complaint contained four counts, each stating a different theory of liability. Inasmuch, however, as the judgment below was based solely upon the cause of action stated in the third count, and in view of the fact that plaintiffs here make no attempt to sustain the judgment on any other theory, we assume that other theories have been abandoned. We shall, therefore, confine our consideration to the theory of liability stated in the third count.

The court below made…