Swan

The plaintiff commenced this action December 10, 1925, to recover the sum of $7,249.23 collected for him by the defendant.

In his answer the defendant “admits that between the 25th day of March, 1922, and June 24, 1922, he collected the sum of $7,249.23 belonging to plaintiff, but denies that he collected same on any agreement or understanding that same was to be applied other than on indebtedness in the sum of $91,586.33 then due and owing defendant from the plaintiff.” The answer alleges that the plaintiff’s alleged cause of action is barred by the statute of limitations. By way of counterclaim it is alleged: “That on or about the 15th day of May, 1919, in the Dominion of Canada, plaintiff became indebted to this defendant in the sum of $91,586.33, for and on account of the sale of one-half of the issued capital stock of the Ajax Coal & Mining Company, a Canadian corporation, which said stock was then and there delivered to said plaintiff, who then and there agreed with the defendant to pay said defendant the sum of $91,586.33, no part of which has been paid excepting the sum of $73,835.56, and interest to December 7, 1921; that there is now due and unpaid from said plaintiff…