Weiss v. District Title Ins.

RUTLEDGE, Associate Justice.

The declaration was for money had and received. The answer admitted the obligation but pleaded payment. Only the third and the fifth pleas are involved, the others having been withdrawn. On plaintiff’s replication to the third, the court “directed a verdict against defendants.” It submitted the fifth to the jury; there was a verdict for defendants, and judgment was entered accordingly. After judgment plaintiff moved to set it aside and to have judgment in his favor. The motion was denied, plaintiff appeals, and defendants have filed a cross appeal from the…