KAUNITZ v. WHEELER

Docket No. 80, Calendar No. 46,087.

344 Mich. 181 (1955)

73 N.W.2d 263

KAUNITZ v. WHEELER.

Supreme Court of Michigan.

Decided December 1, 1955.


Attorney(s) appearing for the Case

B.J. Tally and Thomas Giles Kavanagh, Jr., for plaintiff.

Hugh K. Davidson and J. Connor Austin, for defendants.


BOYLES, J.

Plaintiff brought suit in assumpsit against the defendants, filing a declaration on the common counts and adding a count for an account stated. That part of the declaration essential to decision herein reads as follows:

"2. That defendants, on the 18th day of December, 1952, were indebted to plaintiff in the sum of $29,427.10, for money theretofore had and received by defendants for the use of plaintiff...

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