Jones v. Briggs

Defendant suffered an adverse verdict and appeals, relying on two exceptions taken to instructions to the jury, and upon allegations under the general motion for a new trial.

At trial term, issue was joined on a declaration in assumpsit, intended to include demand for a broker’s commission in finding a purchaser for real estate of the defendant.

The declaration could be treated as containing two counts for the same item, account annexed, and for money had and received.

To the former objection might then have been raised, because at the drafting of the writ, if the sheet in common use was availed…