Beaty v. Cruce

— Action for money had and received. The answer is a general denial and a plea of the five year Statute of Limitations. Upon trial below before the court without the intervention of a jury, judgment went for the defendant on the ground that plaintiff’s cause was barred by the five-year statute; and plaintiff brings the case to this court by writ of error.

September 15, 1910, plaintiff entered into a contract with one T. J. Hallam a real estate broker to purchase a section of land in Kearney county, Kansas, for $2100. Hallam was indebted to both plaintiff and defendant, and it was agreed all…