Martin M. Wick v. Joseph Keshner

GARDNER, Chief Judge.

This action was initiated by the filing of a complaint containing two counts. Appellant was plaintiff below and we shall refer to the parties as they were designated in the trial court. While the complaint contained two counts there was but one transaction involved and the counts of the complaint represent two versions of that transaction.

By the first count plaintiff sought to recover damages in the amount of $30,-000 based upon a breach of a duty arising from a fiduciary relationship alleged to exist between the plaintiff and defendant. It was alleged that the defendant…