Massachusetts District Court, Appellate Division December 15, 1941, No. 3040 (Bartley v. Smith)

. JONES, P.J. (Pettingell, & Sullivan, JJ.)

This is an action of contract in which plaintiff seeks to recover in three counts; count 1, for the sum of $112.50 with interest from Aug. 1938 for “money received by the defendant for the plaintiff's use”; count 2, that in Aug.