Farley v. Clark Equipment Company

ELLIS, Chief Justice.

This is an appeal from a default judgment entered against defendant-appellant Charley Farley, sustaining the claim of plaintiff-appellee for recovery of certain money allegedly sent to appellant through error or mistake. Affirmed.

Appellee instituted a lawsuit against appellant on May 28, 1971 in the 72nd District Court of Lubbock County, Texas. The record discloses that appellee’s cause of action is based upon error and mistake in the sending of a $77,420.00 check to appellant rather than to another party, Gleason Iron Works, who had a similar account number, and to whom…