Morgan v. . Spruill

There is evidence in tbe record tending to show that tbe facts are not so favorable to tbe plaintiff as here stated. However, there was a judgment of nonsuit and we consider tbe evidence in tbe light most favorable to tbe plaintiff.

An action to recover money paid under a mistake of fact is an action in assumpsit and is permitted on tbe theory that by such payment tbe recipient has been unjustly enriched at tbe expense of tbe party making tbe payment and is liable for money bad and received. It is well settled that money paid voluntarily with knowledge of tbe facts cannot be recovered back. If…