(After stating the foregoing facts.) 1-4. Headnotes 1, 2, 3, and 4 do not require elaboration.
5. The pleader does not characterize his action. He simply sets forth facts upon which he relies for recovery; and, if these facts are such as in law entitle the plaintiff to recover, it is not necessary that the action should be classified or characterized by any name. In this case the plaintiff complains...
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