Tomlinson v. . Bennett
Supreme Court of North Carolina
Civil aotioN, beard before Gouncill, J., at February Term, 1907, of the Superior Court of ANSON County. Action to recover money paid and the value of a horse delivered by plaintiff to defendant.
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Civil aotioN, beard before Gouncill, J., at February Term, 1907, of the Superior Court of ANSON County. Action to recover money paid and the value of a horse delivered by plaintiff to defendant. The uncontroverted facts, as they appear upon the pleadings, are: On 1 December, 1887, plaintiff and defendant entered into a contract, whereby defendant agreed, to convey to plaintiff a good and indefeasible title to a tract of land represented to be of the value of $1,825. Plaintiff, in consideration of the conveyance of said land, .agreed to convey to defendant title to a lot in tbe town of…
1Opinion of the Court
CoNNOK, J.,
after stating the facts: The only cause of action stated in the complaint is for money had and received to plaintiff's use. If the plaintiff, in part performance of an executory contract, paid the money and delivered the horse, and, for any reason for which he was not responsible, the contract was not executed, he would be entitled to recover the money upon an implied promise to repay it, and the value of the horse as for a conversion. The law will imply a promise to repay money received, when there is a total failure of the consideration upon which it was paid. It would be against…
2Cases cited5 opinions
- Whitehurst v. . DaySupreme Court of North Carolina · 1884
- Woody v. . Jordan .Supreme Court of North Carolina · 1873
- Haymore v. Commissioners of YadkinSupreme Court of North Carolina · 1881
- Daniel v. . Commissioners of EdgecombeSupreme Court of North Carolina · 1876
- Van Buren Bryan v. MalloySupreme Court of North Carolina · 1884
3Cited by7 opinions
- Scott v. . BryanSupreme Court of North Carolina · 1936
- Gauldin v. Town of MadisonSupreme Court of North Carolina · 1920
- Gaddis v. Cherokee County Road CommissionSupreme Court of North Carolina · 1928
- Brown v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- Wilson v. . LeeSupreme Court of North Carolina · 1937
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