Brown v. Johnson

Opinion by

Cunningham, J.,

Appellant was plaintiff below in an action of assumpsit to recover $700.85 wbicb he alleged defendant had received from him but, in equity and good conscience, was bound to return. Defendant, in his affidavit of defense, admitted having received the money and endeavored to justify its retention. The court below discharged plaintiff’s rule for judgment for want of a sufficient affidavit of defense and we now have his appeal.

These material facts are averred by plaintiff: In May, 1927, the parties entered into a written contract under the terms of which defendant agreed…