MacFarlane
MacFarlane v. Doyle
Opinion
Lead Opinion
Shaw, J.
By one count of the complaint in this action plaintiff alleged that he loaned to defendant the sum of $900, which defendant agreed to repay on demand; that notwithstanding demand made therefor, defendant has refused to pay the same and the whole thereof remains unpaid. The second count of the complaint states a cause of action for wages alleged to be due from defendant to plaintiff for services rendered by the latter at the former’s request. By this answer defendant denied all the allegations of the complaint, and filed a cross-complaint, wherein he alleged that he sold to plaintiff a one-third interest in and to a certain business for an agreed' price of $1,733.33, upon which plaintiff paid to him the sum of $900 and no more, for the balance of which he demanded judgment. The allegations of the cross-complaint were denied by plaintiff. As to all of the issues so joined, the court found adversely to defendant and gave judgment for plaintiff as prayed for, from which defendant appeals, claiming that the findings are without support.
[1] There is no merit whatever in the contention. That defendant received from plaintiff the sum of $900 is conceded, and the testimony of plaintiff…