MURRAY, Chief Justice.
Appellant, Thomas C. Gentry, brought this suit against appellee, Archie K. Ciomperlik, his uncle by affinity, for money in the sum of $10,000.00 had and received, allegedly belonging to appellant, and for an accounting. The trial began to a jury, but after the close of the evidence both parties moved for an instructed verdict in his favor. The court overruled the motion of
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