English v. Devarro

Indebitatus assumpsit against the ' defendant in error for money had and recéived, and for goods sold and delivered. Elea, the general issue.

On the trial, the following instructions were given: Í. If the jury bélieve, from the ■ evidence,' that the defendant received the money for ■ the plaintiffs a's 'their agent, they Gannot recover it on the common count for money had and received; ,'but tfcey should have -declared ■ specially, alleging a -demand. on the defendant for a settlement, and his refusal. 2. The plaintiffs cannot be permitted to prove a demand in this case, as none is alleged in…