Donner, Childs & Woods v. Sackett

Citations

• 251 Pa. 524
• 97 A. 89
• 1916 Pa. LEXIS 498

Syllabus

<p>Contracts — Payment under mislalce of fact — Recovery—Affidavit of defense — Insufficient averments.</p> <p>1. The eases where money paid may be recovered again in an action of indebitatus assumpsit, are, where there has been a mistake in the payer,, and it would be against conscience in the receiver to retain it; and this is particularly true where it appears that the receiver will sustain no damage if he is compelled to repay the money.</p> <p>2. The owner of certain shares of stock, through an agent requested a firm of brokers to sell the same. The brokers received a report from their correspondent that the stock had been sold and paid the proceeds of the supposed sale to the owner’s agent and received the stock certificates. Subsequently the brokers learned that the report that -the stock had been sold was an error and they thereupon returned the certificates and demanded a repayment of the purchase-price therefor, which was refused. In an action by the brokers to recover the money so paid, where such facts appeared from the statement of claim and affidavit of defense, the court did not err in entering judgment for plaintiff, for want of a sufficient affidavit.</p>