Fix
Palmer v. Fix
Opinion
Lead Opinion
Burroughs, J.
Plaintiffs brought this action to recover from the defendants the sum, of $3,571.88, together with interest and costs of suit. The complaint sets forth three causes of action. The first one alleges the common count for money; the second one is upon an account stated; the third one for money had and received to the use of the plaintiffs. The defendants answered, denied the indebtedness, and by way of a cross-complaint, stated a cause of action against the defendants for an accounting based upon a contract of agency between the parties, whereby the cross-complainants claimed there was due them the sum of $30,000. The cross-defendants denied the indebtedness. Upon the issues thus framed the cause was tried. Findings of fact and conclusions of law were made and filed, and in accordance therewith, judgment was entered in favor of the plaintiff Watson Perforating Company and against the défendants M. J. Fix and H. S. Plunkett, copartners doing business under the name of Watson Pipe and Supply Company, in the sum of $3,571.88, together with costs. The action upon the cross-complaint was dismissed. The defendants and cross-complainants appeal from the whole of said judgment.