EATHER, Justice.
This is an appeal by defendant Emelio Giorgetti from the judgment and from an order denying his motion for a new trial.
The sole allegations of the complaint were: "That on or about the 8th day of March, 1950, the defendant became indebted to the plaintiff in the sum of EIGHTEEN THOUSAND THREE HUNDRED THIRTY THREE DOLLARS AND THIRTY THREE CENTS ($18,333.33), for money had and received by said defendant for the use and benefit of the plaintiff...
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