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STEWART v. HOLLAND

36549.

95 Ga. App. 28 (1957)

96 S.E.2d 623

STEWART v. HOLLAND.

Court of Appeals of Georgia.

Decided January 30, 1957.

Attorney(s) appearing for the Case

Forester & Calhoun, A. J. Whitehurst, for plaintiff in error.

Alexander, Vann & Lilly, contra.

TOWNSEND, J.

1. An action for money had and received is founded on the equitable principle that no one ought unjustly to enrich himself at the expense of another, and 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 in good conscience entitled to retain. Jasper School District v. Gormley, 184 Ga. 756, 758 (193 S. E. 248); Zapf Realty Co. v.

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