Wall v. Dayton Federation Co.

The record discloses that the plaintiff -asked for a money judgment for money had and received on alleged misrepresentations and violation of contract. We deem it well settled that, where a petition asks for a money judgment, and pleads facts necessary for establishing such right, and an answer is filed which raises issues of fact upon which either party might demand a jury trial, such cause is a law action and not a chancery case. Section 11379, General Code, recites in part: “Issues of fact arising in actions for the recovery of money only, or specific real or personal property, shall be…