REEVES, District Judge.
This is an action on five counts, wherein the first three counts are for money had and received and the last two are in the nature of damages for fraud. Plaintiff has dismissed Count 4, so that the case proceeded and is now pending on the evidence adduced on Counts 1, 2, 3, and 5. Plaintiff has also dismissed as to the defendant General Engineering and Manufacturing Company, a corporation.
Count 1 is for $116.96, an alleged balance...
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