Cutten v. Pearsall

The complaint in the action under consideration contains three counts: The first is upon an express contract, a copy of which is set forth; the second is a common count in assumpsit; the third is a common count for money had and received. The contract set forth in the first count of the complaint is as follows:—

“Eureka, California, Dec. 29th, 1899.

“It is agreed by C. E. Pearsall and David Cutten, that his commissions for services rendered in securing lands in T. 8 N., R. 1 E. and T. 8 N., R. 2 E., Humboldt Meridian, and for all services heretofore rendered by him, and for all services…