QUILLIAN, J.
1. For convenience of expression, we refer in this opinion to the defendant in error as the plaintiff and to the plaintiff in error as the defendant, that being the respective positions of the parties in the trial court.
The defendant contends that the petition set forth no cause of action, because the plaintiff brought a suit for money had and received, where an express contract existed, and the plaintiff's only remedy would be a suit for breach...
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