Magic Tunnel Car Wash Equipment Co. v. Brush King Franchises, Inc.

BRADLEY, Judge.

On October 5, 1970 plaintiff, Brush King Franchises, Inc., hereinafter called “Brush King”, filed a complaint against defendant, Magic Tunnel Car Wash Equipment Company, Inc., hereinafter referred to as “Magic Tunnel”, containing two counts, one for money had and received and the other for conversion. To this complaint was filed the plea of not guilty and the general issue.

On January 29, 1973 trial was commenced before the court and a jury. During the trial, the complaint was amended by adding a third count sounding in fraud. Count Three is as follows:

“Plaintiff claims of the…