Menge & Sons v. Gulf & Ship Island Railroad

Citations

• 97 Miss. 810
• 53 So. 424

Syllabus

<p>Payment. Voluntary payment. Not recoverable when. Buyer ana seller.</p> <p>Where a buyer, having ordered, an article of merchandise from a seller, received a different article from that ordered and voluntarily paid for it upon refusal by the seller to take it back, he cannot recover the purchase money paid in a direct suit, nor ■by way of a set off when sued by the seller for other goods, since voluntary payments, made with full knowledge of the facts, are not recoverable.</p>