Zuehlke v. Ott

Defendants contend that the payment made by the plaintiff was voluntary, and being such, plaintiff cannot recover. On the facts clearly established in this case, however, plaintiff is not in the position of a volunteer. The evidence shows unmistakably that in the period from 1931 to the date of payment on June 2, 1934, plaintiff was actively engaged on behalf of the defendants in an effort to effect an adjustment of their debts, which finally resulted in a reduction in favor of the defendants amounting to $7,219. It is admitted by the defendants that they sought the advice and services of the…