Toombs v. Lewis

Frank C. Toombs, doing business as Frank C. Toombs & Co., (hereinafter called the plaintiff,) brought an action. in assumpsit in the circuit court of Lawrence county against James Lewis (hereinafter called the defendant) for the recovery of $2850 paid by the plaintiff to the defendant. The defense was the general issue. A jury trial resulted in a verdict for the plaintiff in the sum of $2835, with interest. Interest was remitted and judgment was entered for $2835. The defendant appealed to the Appellate Court for the Fourth District, where the judgment of the circuit court was reversed…