Greater Service Homebuilders Investment Ass'n v. Albright

These parties appeared in reverse order in the trial court and for convenience we hereinafter designate them as there, or by name.

On a cause of action for $1,000 had and received plaintiff obtained a verdict for that amount. To review the judgment thereupon entered, defendants prosecute this writ, and maintain they were entitled to judgment on a special contract.

The complaint contained three causes of action. The first alleged that defendants received from plaintiff $1,000 which they had failed to pay on demand; the second that plaintiff bought of defendants for $1,000 a contract to build a…