Washington Supreme Court June 29, 1920, No. 15882 (Skagit Mill Co. v. Great Northern Railway Co.)

Mitchell, J.

This action was instituted to recover $327.17 as money had and received by the defendant, alleged overpayment for the construction by the defendant of three spur tracks under agreement between the parties. Plaintiff has appealed from a judgment sustaining a general demurrer to the second amended complaint, and a dismissal of the action upon the refusal of the plaintiff to plead over.