Abraham Bros. v. Means

This ease was carried to the Supreme Court on certiorari, and by that court reversed and remanded to this court for further action. We are now asked to pass upon the questions not considered in the first opinion. Abraham Bros. v. Noah Means, ante, p. 42, 75 South. 187.

[1,2] The cause was tried on two counts; count 2 claiming for a breach of warranty, and count 3 for money had and received. There was nothing to indicate that the claims as set out were for inconsistent remedies growing out of the same transaction. The complaint therefore was not subject to demurrer on that ground. Code 1907, §…