Richardson v. Peyton

U.S. District Court

Decided July 15, 1807

U.S. District Court · decided 1807-07-15

Assumpsit, for money had and received, and for non-delivery of flour on a contract. THE COURT refused to suffer the plaintiff to give parol testimony to prove the contents of a letter, written by the defendant to Craven Thompson, who was no party to this suit. The plaintiff produced a hill of parcels: “Messrs. R. & W. P. Richardson.

Decided 1807-07-15

THE COURT(DUCKETT, Circuit Judge, absent,)

¶1refused to hear Mr. Swann in reply, and said the point had been often decided, that if a contract be not complied with on oné part, and the other party had paid his money, he may disaffirm the contract, and i-ecover back his money in an action for money had and received.

¶2Verdict for the plaintiff. The defendant took a bill of exceptions, but did not bring a writ of error.