Legal Opinion

Schlensker v. State

Indiana Court of Appeals

Decided March 29, 1928No. 12,940Published

1Opinion of the CourtThompson, J.

This is an action by appellant to colléct from appellee a sum of money alleged to have been paid by the former to the latter through mistake and through fraudulent representations.

The complaint is in three paragraphs, the first paragraph being for money had and received; the second paragraph proceeds on the theory that there was an express promise on the part of the appellee to return to appellant that part of his deposit of $50,000 not required to pay his actual obligation to the state, said deposit of $50,000 having been made on account of certain overcharges alleged to have been made by…

2Cases cited2 opinions

  1. Stotsenburg v. FordiceIndiana Supreme Court · 1895
  2. Darling v. HinesIndiana Court of Appeals · 1892

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