Johnson v. Broyles

Quillian, Judge.

This is a suit for money had and received. A well pleaded suit of that nature must show that the plaintiff is entitled to- money or its equivalent wrongfully obtained or retained by the defendant. Carmichael Tile Co. v. Bayley & Co., 42 Ga. App. 408 (156 S. E. 319); Cutright v. Nat. Union Fire Ins. Co., 65 Ga. App. 173, 177 (15 S. E. 2d 540); Dobbs v. Perlman, 59 Ga. App. 770,(2 S. E. 2d 109). The absence of either requirement is fatal to- the cause.

The petition in this case definitely identified the case o-f H. G. Walton, suing for the use of Jack Broyles, v. Kirkwood Court *77Ap…