RICHARDS, J. pro tem.
In this action for money had and received, defendant had judgment and plaintiff appeals.
At the pretrial it was stipulated that on October 15, 1956, plaintiff caused to be issued his check for $16,000 payable to the order of the defendant, who signed a written receipt therefor, and that said sum has not been paid to the plaintiff by defendant or by anyone on his behalf.
In the trial the plaintiff...
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