Radabaugh v. Lantz

The question of the statute of frauds has no bearing on the proposition. It was an executed transaction.

The payment of the $425 by Lantz to Radabaugh was a voluntary payment under a claim for services in procuring the optional contract. There is mo connection between this transaction and the transaction under which the sale was actually made and the commission of $812.50 earned. To entitle Lantz to the setoff, it would necessarily be as for money had and received or payment, made under mistake of fact amounting to legal fraud. There is nothing in the record showing either situation. The fund…