Bituminous Casualty Exchange v. Ford-Elkhorn Coal Co.

Opinion of the Court by

Hobson, Commissioner

Affirming.

Appellee brought this suit against appellant to recover $664.03, less a credit of $48, on the ground that it was money paid by mistake. The defendant filed a general demurrer to the petition which was overruled. It then filed an answer; the case was heard on the merits, and judgment was entered for the plaintiff. The defendant appeals. The evidence heard on the trial is not brought up, and the only question made on the appeal is that the court erred in overruling the defendant’s demurrer to the petition.

Briefly stated the facts alleged in…