Simon v. Desporte

Smith, O. J.

The appellee recovered a judgment in the court below against the appellant for money had and-received. The declaration set out in detail the facts on which the cause of action is alleged to have arisen. These facts, as therein set forth, are, in substance: That in November, 1905, a tract of land known as the Bailey property was advertised to he sold by Harry W. Fitzpatrick & Co. at public auction, payments therefor to be made one-third in cash and the balance in one and two years. The property was bid in at the sale by the appellant, and thereafter he called the appellee over the…