Russell v. Gift

Action for money had and received by appellee against appellants, alleging that appellants had collected and retained $230 belonging to appellee which they had failed on demand to pay over to her. Appellants filed answer in set-off for $48.90, and a cross-complaint asking $425 as commission due them on a written contract for the sale of real estate belonging to appellee. Appellee admitted the set-off on account of money paid out by appellants for repairs, and filed to the cross-complaint an answer in three paragraphs, denial fraud and estoppel. The second paragraph avers, in substance, that…