Atlanta Telephone & Telegraph Co. v. Fain
Court of Appeals of Georgia
Complaint; from municipal court of Atlanta. October 9, 1914. The action was by W. L. & W. M. Fain against the Atlanta Telephone & Telegraph Company.
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Complaint; from municipal court of Atlanta. October 9, 1914. The action was by W. L. & W. M. Fain against the Atlanta Telephone & Telegraph Company. The petition alleges, that on June 26, 1909, the plaintiffs entered into a contract with the defendant, for the installation of a desk extension telephone to be connected with telephone No. 487 at the plaintiffs’ place of business at No. 490 Marietta street in the city of Atlanta, at the rate of $15 per annum or a monthly rate of $1.25; that the said telephone has never been installed, but the plaintiffs have paid each month $1.25, through the…
1Opinion of the CourtBroyles, J.
1. The petition, as amended, set forth a cause of action, and the court did not err in overruling the demurrer.
2. Where money is paid under a mistake of fact, or in ignorance of facts, it may be recovered, if the circumstances are such that the party receiving it ought not, in equity and good conscience, to retain it. Camp v. Phillips, 49 Ga. 455; Pine Belt Lumber Co. v. Morrison, 13 Ga. App. 453 (79 S. E. 363). In the instant case it is clear that the plaintiffs received nothing in return for the payments made by them, and there is nothing in the evidence which would render it inequitable…
2Cases cited16 opinions
- Commonwealth v. CulverMassachusetts Supreme Judicial Court · 1879
- Arnold & Dubose v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1873
- Charleston & Western Carolina Railroad v. Augusta Stockyard Co.Supreme Court of Georgia · 1902
- Ferguson v. HirschIndiana Supreme Court · 1876
- Renfrew v. WillisNebraska Supreme Court · 1891
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3Cited by11 opinions
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- Bryant v. Guaranty Life InsuranceCourt of Appeals of Georgia · 1929
- Wachovia Bank of Georgia, N.A. v. Vacuum Corp. (In Re Vacuum Corp.)United States Bankruptcy Court, N.D. Georgia · 1997
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