Ralston Purina Co. v. Ryder

WASSERSTROM, Judge.

Plaintiff sues to recover money paid to defendant by mistake. Pursuant to a jury verdict, the trial court entered judgment for plaintiff. Defendant appeals.

The plaintiff’s evidence tended to show the following facts, which the jury obviously accepted. Jerry Russell, an employee of James Rebel, hauled soy beans owned by and on behalf of Consumer Oil to plaintiff’s elevator on March 16, 1973. Through clerical error, a check in payment was sent by plaintiff to defendant instead of Consumer Oil to whom payment was in fact due. When the error was discovered, plaintiff demanded…