Smith v. Norman I. Fadel, Inc.

The complaint is in two counts, the first being a common count for “goods sold and delivered” in the amount of $655.20, and the second being for damages in the sum of $755 for breach of contract. The prayer is for $1,410.20. Plaintiff recovered a judgment in the amount of $755 and defendant appeals therefrom.

Although defendant states in his brief that the court “found for plaintiff on the first cause of action,” this would appear to be in error. The two counts are not treated separately in the findings but the following finding would seem to make it clear that the recovery is based upon the…