Thresher

This is an appeal from a judgment against the defendant for the sum of $780.44 and plaintiff’s costs.

The complaint alleges three causes of action. One is for money had and received; one for a balance due on a mutual open and current account, and one for the recovery of an alleged overpayment of money upon the ground that it was obtained upon false and fraudulent representations. The findings are applicable to support the first cause of action, and the evidence sustains those findings which concern the first cause of action. It is true that there is a substantial conflict in the evidence, but, under such circumstances, it is elementary that the judgment of the trial court will not be reversed.

The plaintiff employed the defendant to perform certain work and paid therefor $3,126.85. The trial court found this to be an overpayment of $780.44. Finding IV is to the effect that the plaintiff believed that the amount which he paid was owing and payable from him to the defendant and that he did not know that he was overpaying the defendant, “but that on or about July 17, 1918, plaintiff learned for the first time that he had overpaid defendant by mistake for the doing of said work and…