Sherman v. Sidman

This is an action of contract in which the plaintiffs seek to recover the sum of $488.79 for money had and received. The defendant’s answer is a general denial and a further averment that prior to the date of this action, “the plaintiffs and the defendant had an accord and satisfaction whereby the defendant now owes the plaintiffs nothing.” The record shows that the writ is dated February 21, 1936 and that there was a general finding for the defendant. There was evidence that the plaintiffs engaged the defendant as its travelling salesman.

*261The testimony relating to the terms of the engagement…