 | Great Britain. Court of King's Bench, William Salkeld - 1795 - 534 σελίδες
...bringing an action for the non-performance of it, or to difaffirm the agreement at> ini/io,by reafon of the fraud, and bring an action for money had and received to his ufe. Agreeably to thefe principles it has been decided, that ajjumpßt for money had and received lies... | |
 | Edward Burtenshaw Sugden - 1805 - 512 σελίδες
...agreement by bringing an action for non-perfofermance of it ; or to disaffirm the agreement ab imitiot by reason of the fraud, and bring an action for money had and received to his use. In an action of this nature, however, th<2 plaintiff cannot recover more than the money paid,, although... | |
 | Francis Buller - 1817 - 684 σελίδες
...either affirm the agreement by a special action oil the case for the nonperformance, or disaffirm it by reason of the fraud, and bring an action for money had and received ; in which case the jury ought to make the price of lue stock at the tune it should have been delivered,... | |
 | Samuel March Phillipps - 1822 - 600 σελίδες
...the contract, by bringing an action for the non-performance, or to disaffirm the contract ab initio, and bring an action for money had and received to his use. (5) The contract must be disaffirmed alt initio, or not at all.- If the purchaser has had an occupation... | |
 | Samuel Comyn - 1824 - 680 σελίδες
...the agreement, by bringing an action for the non-performance of it; or to disaffirm the agreement alt initio, by reason of the fraud, and bring an action for money had and received to his use." So, in the case of Giles and others v. Edwards, (m) which was an action for money had and received,... | |
 | 1866 - 932 σελίδες
...may affirm the agreement by bringing an action for the nonperformance of it, or he may disaffirm it and bring an action for money had and received to his use. In this latter action the plaintiff cannot recover more than the money paid, although the estate has... | |
 | Esek Cowen, New York (State). Supreme Court - 1837 - 826 σελίδες
...which ought to have been transferred, and the money paid. Lord Mansfield so considered it. He says, " the damages recovered in that case, shew the liberality...for though the defendant received from the plaintiff £262 10s., yet the difference money only, of £175, was received by him against conscience: and therefore... | |
 | Connecticut. Supreme Court of Errors - 1887 - 664 σελίδες
...either to affirm the contract, by bringing an action for its non-performance, or disaffirm it ab initio, and bring an action for money had and received to his use." The plaintiff would have been bound to tender the balance of the purchase money, as a condition precedent... | |
 | Maxwell Alexander Robertson - 1866 - 1190 σελίδες
...may affirm the agreement by bringing an action for the nonperformance of it, or he may disaffirm it and bring an action for money had and received to his use. In this latter action the plaintiff cannot recover more than the money paid, although the estate has... | |
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If one man takes another's money to do a thing, and refuses to do it; it is a fraud: and it is at the election of the party injured, either to affirm the agreement, by bringing an action for the non-performance of it; or to disaffirm the agreement ab... 
