REEVES, District Judge.
The appellant was plaintiff in the trial court, and will be so designated in this opinion. Plaintiff sued the defendant in two counts for the sum of $2,500. The first count was the common-law action for money had and received, and the second a variation of the first by alleging details of the transaction.
At the close of all the evidence the trial court directed a verdict for the defendant, and the plaintiff has duly appealed.
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