Missimore v. Hauser

The opinion of the court was delivered by

Hutchison,’J.:

This is an action for money had and received in which the trial court sustained a demurrer to the plaintiff’s evidence on the ground that the action was barred by the statute of limitations, and to use the language of the appellant, “the only question involved in this appeal is whether or not the statute of limitations barred plaintiff’s claim under the facts and circumstances in evidence at the close of plaintiff’s case.”

*21The theory of the appellant throughout his well-prepared brief is that the appellant never knew the appellees had the…