Kellett v. Boynton

This is an action in assumpsit for money had and received, which is an action at law and is maintainable in cases where the defendant has received money under such circumstances that in equity and good conscience he ought not to retain it, and which in equity and good conscience the plaintiff is entitled to recover. The question for determination is whether the petition was good as against general demurrer. The petition shows that the plaintiffs owned a described tract of land in Atlanta, Georgia, and that their representative, Newton Craig, •conferred with Jack A. Patton, a real-estate…