Dickerson v. Layton

Citations

• 29 Del. 84
• 6 Boyce 84
• 97 A. 231
• 1916 Del. LEXIS 4

Syllabus

<p>1. Money Received—Right of Action.</p> <p>An action for money had and received would not lie against defendant to recover the value of manure on the defendant’s farm when purchased by plaintiff, and subsequently sold by defendant, where it did not appear that any money was ever paid to the defendant.</p> <p>2. Trespass—Injury to Realty—Removal of Improvement.</p> <p>In such case, the action should have been an action of trespass against the party buying the manure from the defendant and removing it for injury to the real estate.</p>