Dickerson v. Layton

Decided April 11, 1916

Superior Court of Delaware · decided 1916-04-11

Action of assumpsit, on the common counts, by Harry C. Layton and Robert R. Layton, trading as H. C. & R. R. Layton, against George M. Dickerson, to recover the price or value of certain stable and pound manure, worth from fifty to seventy-five dollars. The manure had been made and was remaining on the farm of the defendant at the time the plaintiffs purchased the farm at sheriff’s sale, under execution process against the defendant.

Decided 1916-04-11

Heisel, J.,

¶1delivering the opinion of the court:

¶2[1, 2] We feel clear that the testimony in this case does not *86support the narr. The count for money had and received only lies when there has been payment of money to the person against whom the action is brought. In this case there is no testimony that anything was ever paid to the defendant. From the evidence, it appears that the action should have been an action of trespass against Tatman for injury to real estate.

¶3For the reasons the court have just stated to counsel, we direct you to find a verdict for the defendant.

¶4Verdict for defendant.