Carter v. Kelley

This is an action for money had and received. Plaintiff was awarded judgment upon a verdict in his favor *146and defendant appeals. The only assignment challenges the sufficiency of the complaint. This issue was raised for the first time by this appeal.

The plaintiff employed the use of the common count to allege his cause of action. The cause of action arose out of a written contract between the parties, a copy of which was attached to and made a part of the complaint. The defendant does not contend that plaintiff could not plead his case by use of the common count. Such a pleading is now well…