DOOLING, J.
Appeal by plaintiff from a judgment for defendant. The complaint stated a common count for money had and received. It alleged that defendant received $3,900 as agent for, and for the use and benefit of plaintiff which sum, being previously demanded, has not been paid. No other cause of action is alleged. The answer is a general denial.
The matter came on for trial and almost immediately plaintiff offered a written contract which (according to the...
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