Noble v. Libby

It might be said of this case, “Confusion here hath found its masterpiece.” Erom the drafting of the complaint through the trial in the court below up to the final argument in this court such uncertainty exists that the counsel for plaintiff and respondent is unable to state the nature of the action, insisting that it may be an action for money had and received, an action at law to recover damages for breach of contract, or an action in equity; while the trial court at the opening of the trial first declared it an action in tort, after the trial had made considerable progress declared he did…