Lee v. Severyns

Appellant, as plaintiff, brought this action by serving and filing a simple complaint for money had and received in the amount of $13,500. The defendants answered with denials and an affirmative defense. The state intervened. The case was tried to the court, sitting without a jury, resulting in a judgment denying any relief to the plaintiff or to the intervener, and both have appealed.

The case was submitted to the trial court upon certain stipulated facts as follows:

“Mr. Vanderveer: It is admitted by the defendants, I understand, that we have demanded the return of the money and they refused…