Schneider v. Allis-Chalmers Manufacturing Co.

Plaintiff expressly asserts on this appeal that his claim to recover all or some part of the $24,400 paid *60by the South Dakota company on account of the contract of January, 1920, is not founded upon rights or obligations arising out of the terms of the contract itself, but rather independently thereof; and because the defendant has received and retained a substantial sum of money, giving nothing in return, he is unjustly enriched at the expense of and to the damage of the other party to said contract.

No attack whatsoever is made by the plaintiff upon the validity or legality of the contract…