Cincotta v. Catania

This is the second appeal in this controversy. (Cincotta v. Catania, 61 Cal. App. 38 [214 Pac. 451].) The plaintiff inserted in his complaint two causes of action, (1) a common count for money had and received and (2) a common count for money paid. The defendant appeared and answered. He denied the material allegations set forth in plaintiff’s complaint and then he set forth an oral contract made on the eighteenth day of October, 1920. The provisions of that contract were that the plaintiff agreed to buy and the defendant agreed to sell and deliver to the plaintiff f. o. b. cars, ten tons of…