Kings County Packing Co. v. Sunland Sales Cooperative Ass'n

This appeal is taken by appellant from the judgment in its favor for the sum of $250 and in favor of respondents for their costs incurred in the action amounting to $147.47. There are five counts or causes of action set forth in the complaint. The first four are for damages because of the alleged breach of a certain contract existing between appellant and respondents. The fifth is a cause of action for money had and received to the use of appellant in the sum of $600. It was upon this fifth count that the court rendered judgment in favor of appellant for $250. Appellant states that as the amount involved under the fifth count is so small no attempt will be made on this appeal to question the findings or judgment in that particular, but does urge with respect to the other four counts that the findings wherein the court found appellant had breached its contract are not supported by the evidence, but, instead, the evidence shows that the contract was breached by respondents. We have referred to respondents in the plural, although the contract was signed but by Sunland Sales Cooperative Association, for the reason that it is alleged in the complaint and admitted in the answer that…