Dahler v. Meistrell.

This is an action for money had and received. Plaintiff in error was defendant and defendant in error was plaintiff in the trial court, and we will so refer to them here.

When this case was before us at the October, 1928, term of this court, the following opinion, written by Commissioner FRANK, was adopted as the opinion of the court:

"The petition alleges that defendant in August, 1923, received from the plaintiff the sum of $6,187.85 to and for the use of plaintiff; that in August, 1926, prior to the commencement of said action, plaintiff demanded payment thereof from defendant, but defendant…