Source: United States Circuit Court of the District of Columbia
Date: 1807-07-01
Jurisdiction: United States
Citation: 20 F. Cas. 725 · 1 Cranch, C. C. 418
Opinion
THE COURT (DUCKETT, Circuit Judge, absent,) refused to hear Mr. Swann in reply, and said the point had been often decided, that if a contract be not complied with on oné part, and the other party had paid his money, he may disaffirm the contract, and i-ecover back his money in an action for money had and received. Verdict for the plaintiff. The defendant took a bill of exceptions, but did not bring a writ of error.