Fain v. Neal

Quillian, Judge.

In Haupt v. Horovitz, 31 Ga. App. 203 (1) (120 S. E. 425) it is well stated: “ ‘An action for money had and received lies in all cases where another has received money which the plaintiff, ex aequo et bono, is entitled to recover and which the defendant is not entitled in good conscience to retain.’. Zapf Realty Co. v. Brown, 26 Ga. App. 443 (106 S. E. 748); Whitehead v. Peck, 1 Ga. 140 (3); Knight v. Roberts, 17 Ga. App. 527 (87 S. E. 809). In such an action ‘the law implies a promise on the part of any person who has received the money of another to pay that person on…