Drennen Motor Car Co. v. Smith

FOSTER, Justice.

This action was tried on two common counts: (1) On account; (2) for money had and received. Both allege that plaintiff was a minor and state the due date to be May 25, 1932. They do not otherwise state the circumstahces out of which the claim is made.

Defendant filed several pleas in addition to the general issue. The only assignments of error made by appellant are that the court erred in sustaining demurrer to pleas 6, 7, 8, and 10. Those pleas are denominated by their prayer to be pleas of set-off, and are all in deceit for damages. They allege that the deceit consisted in…