John A. Pope Motor Co. v. Roberts

For convenience of expression, we refer in this opinion to the defendant in error as the plaintiff and to the plaintiff in error as the defendant, that being the respective positions of the parties in the trial court.

The defendant contends that the petition set forth no cause of action, because the plaintiff brought a suit for money had and received, where an express contract existed, and the plaintiff’s only remedy would be a suit for breach of contract.

An action for money had and received lies where the defendant receives money or its equivalent which in equity and good conscience he has no…