Stanley Rule & Level Co. v. Bailey
Supreme Court of Connecticut
Assumpsit, to recover back money claimed to have been paid under a mistake of facts; brought to the Court of Common Pleas of Hartford County. The facts were found by a committee, and on the facts the court (McManus, J.,~) rendered judgment for the plaintiffs. The defendant brought the record before this court by a motion in error. The case is sufficiently stated in the opinion.
1Opinion of the CourtPark, C. J.
We think the finding of the court below, that the money sought to be recovered in this suit was paid by the plaintiffs to the defendant through misapprehension of the facts with regard to their obligation to pay it, is decisive of the case. It is conceded that the plaintiffs are entitled to recover a part of the amount, and we think it is equally clear they ought to recover the whole. That part of it which is in dispute was paid to the defendant as a royalty for the privilege of manufacturing and selling certain articles, under certain patents, of which the defendant previous to this time was…
2Cited by1 opinion
- E. R. Squibb & Sons v. Chemical Foundation, Inc.Court of Appeals for the Second Circuit · 1937