U.S. Circuit Court for the Dis...1807Check Treatment
THE COURT(DUCKETT, Circuit Judge, absent,)
refused to hear Mr. Swann in reply, and said the point had been often decided, that if a contract be not complied with on oné part, and the other party had paid his money, he may disaffirm the contract, and i-ecover back his money in an action for money had and received.
Verdict for the plaintiff. The defendant took a bill of exceptions, but did not bring a writ of error.
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