Legal Opinion

Manson v. Culver Military Academy

Appellate Court of Illinois

Decided May 19, 1908No. Gen. No. 13,899PublishedCited by 8 opinions

Assumpsit. Appeal from the Circuit Court of Cook county; the Hon. Richard W. Clifford, Judge, presiding.

1Opinion of the Court

Mr. Presiding Justice Baker

delivered the opinion of the court.

The written application of plaintiff for the admission of his son to the academy, together with the printed catalogue and regulations of the academy, referred to in the application, constitute the contract between plaintiff and defendant. That contract provides that in case a cadet is dismissed, “no money will be refunded. ’ ’

The declaration consists of the common counts, and the action is in substance an action for money had and received. “If,” said Lord Mansfield, “one man takes another’s money to do a thing and refuses to do it,…

2Cases cited2 opinions

  1. Horner School v. . WescottSupreme Court of North Carolina · 1899
  2. Curry v. Lasell Seminary Co.Massachusetts Supreme Judicial Court · 1897

3Cited by8 opinions

  1. Eisele v. AyersAppellate Court of Illinois · 1978
  2. Teeter v. Horner Military SchoolSupreme Court of North Carolina · 1914
  3. Aronson v. North Park CollegeAppellate Court of Illinois · 1981
  4. Hood v. The Tabor AcademyMassachusetts Supreme Judicial Court · 1937
  5. Northwestern Military & Naval Academy v. WadleighAppellate Court of Illinois · 1932

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