Sinclair Refining Co. v. Larson

MORIARTY, C.

The respondent, who was plaintiff in the trial court, .began this action on a money demand. In its original complaint the plaintiff prayed for judgment in the sum of $285.01, but thereafter it served and filed an amended complaint, in which the demand was reduced to $146.01, and the allegations of this amended complaint would not support any recovery in excess of 146.01, with interest and costs.

The case was tried to the court without a jury. The defendant appeared at the trial, and did not waive the making of findings of fact and conclusions of law. At the conclusion of the trial…