McMee v. Henry

Opinion of the Court by

Judge Nunn

Affirming.

*730This case arises over a simple and uncontroverted state of facts. The appellant brought a suit to recover $200 which he had previously paid to appellee. He alleged that the money was paid without any consideration, and that appellee wrongfully retained and refused to' repay it. Appellee answered and averred that he rightfully held the money, and that it was paid to him for a valuable consideration. In explanation of the payment he sets up and files this written contract:

“October 25, 1913.

“A contract entered into this day between Michael Henry of the…