KELLY, J.
Plaintiff's action is based upon 2 theories, namely: (1) that plaintiff expressly loaned $5,000 to defendant; or (2) that the circumstances surrounding the delivery of plaintiff's money to defendant were such that defendant's promise to repay should be implied as a matter of fact and of law.
Defendant Horn received $5,000 delivered to him by Fred Holzbaugh and issued the following receipt to Holzbaugh, who, in turn, delivered it to plaintiff:
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