Irrigation Ass'n v. First National Bank of Frisco

HOWELL, Justice.

In this case, we are called upon to probe the law of assignments and to decide the circumstances whereby a party who pays but who does not receive the bargained performance may demand the refund of his money, not only from his promisor but from the assignee of his promisor. Under the circumstances here present, we hold that the paying party may demand refund from the assignor-promising party but not from the assignee of the promising party.

Plaintiff-appellant Irrigation Association (Payor), a trade association, desired a prominent speaker for its convention and contracted with…