Hamberger-Polhemus Co. v. Hind, Rolph & Co.

Plaintiff sued upon a complaint pleading two causes of action “for breach of contract,” one in the form of a common count for money had and received and the other based upon five written contracts for the purchase and sale of sugar. The defendants’ demurrer to the complaint was sustained without leave to amend and the plaintiff has appealed upon the judgment-roll.

The first alleged cause of action pleads that the defendant is indebted to the plaintiff in the sum of $613.25 for money had and received by said defendant for the use of plaintiff. This pleading of an indebtedness under the old form…