Bloom v. Gourlay

Citations

• 35 Pa. Super. 116
• 1907 Pa. Super. LEXIS 220

Syllabus

<p>Contract — Action for money had and received — Lack of privity.</p> <p>In an action for money had and received it appeared that the plaintiff and defendant with others signed an agreement with a person owning certain, mining locations, by which the latter was to perfect the title and assign to the subscribers each a certain interest in the property. On the strength of this agreement the defendant paid to the owner a considerable sum of money, covering not only his own subscription, but that of the plaintiff and others, and received receipts therefor. Subsequently the plaintiff paid to the defendant the amount of his subscription, and received one of the receipts signed by the owner, which he retained and produced at the trial. The subscription agreement was also produced. It was not shown that there was any agreement on the part of the defendant to pay back to plaintiff the money in question. Held, that the nonsuit was properly entered.</p>