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SWAFFORD v. CERTIFIED FINANCE CO.

35122.

90 Ga. App. 83 (1954)

82 S.E.2d 168

SWAFFORD v. CERTIFIED FINANCE COMPANY.

Court of Appeals of Georgia.

Rehearing Denied April 24, 1954.

Attorney(s) appearing for the Case

Thomas E. Moran, Frances G. Millican, for plaintiff in error.

Noah J. Stone, contra.

TOWNSEND, J.

"'An action for money had and received lies in all cases where another has received money which the plaintiff, ex aequo et bono, is entitled to recover and which the defendant is not entitled in good conscience to retain.' Zapf Realty Co. v. Brown, 26 Ga.App. 443 (106 S. E. 748); Whitehead v. Peck, 1 Ga. 140 (3); Knight v. Roberts, 17 Ga.App. 527 (87 S. E. 809). In such an action `the law implies a promise on...

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