Civil Procedure Keyed to Cound
Jones v. Winsor
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Jones and others, Plaintiffs, hired Defendant, an attorney, to set up a franchise for them. Plaintiffs made a deposit of $2,500. The franchise was not set up and the deposit was returned to Defendant to be delivered to Plaintiffs. Defendant gave Plaintiffs an itemized statement of his services amounting to $1,250. Defendant then cashed the check and returned a balance of $1,012.25 to Plaintiffs and kept $1,250. Plaintiffs sued Defendant, claiming that Defendant’s services were false charges and that the most his services were worth was $250. The complaint further alleges that Defendant “wrongfully converted” the property. Defendant filed a demurrer, alleging that the complaint did not allege a cause of action for conversion because Plaintiffs did not allege that they owned the property at the time it was converted. The trial court overruled the demurrer and Defendant appealed.
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