McAvoy & McMichael, Ltd. v. Commonwealth Title Insurance & Trust Co.

Citations

• 27 Pa. Super. 271
• 1905 Pa. Super. LEXIS 49

Syllabus

<p>Contract — Delivery—Delay in delivery — Evidence.</p> <p>In an action to recover for bricks sold and delivered, where the defense is that delivery was not made in time, it is proper to permit the plaintiff to show that the defendant’s foreman prevented plaintiff’s teamsters from delivering bricks from time to time.</p> <p>Action — Money had and received — Money in the hands of another.</p> <p>Where one has in his hands money which in equity and good conscience belongs and ought to be paid to another, an action for money had and received will lie for the recovery thereof. No privity of contract is necessary to sustain this action, for the law, under these circumstances, implies a promise to pay.</p> <p>Evidence — Affidavit of defense — Practice, C. P.</p> <p>A plaintiff may offer in evidence the whole of an affidavit of defense and take advantage of such portion of it as is in his favor, and then go on and contradict the rest. . .</p>