Forrest

The plaintiff commenced an action against the defendant to recover a judgment for money. The defendant answered and a trial was had before the trial court sitting with a jury. The plaintiff pleaded his claim in three counts. In the first count he pleaded that he sold and delivered to the defendant the goods, wares and merchandise known as “Quality Electric Motor Co.” for the agreed sum of $8,500. In the second count he pleaded the sale of the same property for the reasonable value of $8,500. In the third count he pleaded the facts, and in doing so he charged that on the sixth day of October, 1921, he executed to the defendant a bill of sale of the property, “and defendant was to carry on said business and build up the trade for plaintiff, and allow plaintiff to work in said business receiving for his wages the sum of twenty dollars ($20) per week until the business warranted plaintiff drawing or receiving more for his services and to then reconvey to plaintiff said business”; that plaintiff has duly performed, etc.; that defendant has, since the twenty-second day of June, 1922, refused to allow plaintiff to work in said business and has refused to reconvey to plaintiff the…