Magyer v. Brown

Hall, Judge.

The plaintiff brought an action for money had and received against Magyer, alleged owner, and Lovern, alleged agent, of a used car business known as Panoramic Sales. Magyer’s pleadings denied the allegation that Magyer was the owner of the business.

At the trial Magyer testified that he did not own the business but it was owned by a corporation of which he was owner and president. On cross examination interrogatories served on Mag-yer prior to trial were presented to him, and he stated that he had answered the interrogatory whether he did business under the name and style of…