Argonaut Builders, Inc. v. Dare

Opinion by

Mr. Justice Doyle.

The parties will be referred to as they appeared in the trial court where plaintiff in error was the plaintiff in an action to recover money alleged to have been loaned to the defendant. By answer, defendant denied that the transactions in question were loans and further alleged that the monies paid to him by the plaintiff were advances on anticipated commissions; that no agreement to repay existed and that consequently plaintiff was not entitled to recover.

Trial was to the court and upon conclusion of the plaintiff’s case, defendant’s motion to dismiss was granted…