RICHARDS, P. J., December 10, 1958.
When this case was before us previously, the complaint, in paragraph six as then amended, asserted a "fault" payment to defendant. However, the exhibits evidencing the action taken showed only an "invalid" payment. We held that the finding must show a fault payment to justify the action in assumpsit. However, we refused to enter judgment and left the way open for amendment.
Plaintiff has since presented a petition to amend...
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