BASILA v. WESTERN UNION TELEGRAPH CO.

No. 226.

24 F.2d 569 (1928)

BASILA v. WESTERN UNION TELEGRAPH CO.

District Court, S. D. Florida.

January 31, 1928.


Attorney(s) appearing for the Case

Julian C. Ryer, of Miami, Fla., for plaintiff.

J. Julien Southerland, of Miami, Fla., for defendant.


CLAYTON, District Judge.

This action to recover $5,000 damages, brought in the circuit court of the eleventh judicial circuit of Florida, was removed by the defendant to this court.

The first count of the declaration is for a breach of contract; the other three being the common counts for money had and received. To each count the defendant pleaded the general issue; that the money in question was paid to the defendant under a contract which the defendant had...

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