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MILAM v. ADAMS

38113, 38114.

101 Ga. App. 880 (1960)

115 S.E.2d 252

MILAM v. ADAMS et al.; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied June 22, 1960.

Attorney(s) appearing for the Case

James Maddox, for plaintiff in error.

Wright, Rogers, Magruder & Hoyt, Clinton J. Morgan, contra.

TOWNSEND, Judge.

1. Properly construed, this petition sets out an action for money had and received, which lies in every instance where another has come into possession of money to which the plaintiff is entitled in equity and good conscience, and which the defendant is not otherwise entitled to retain. Zapf Realty Co. v. Brown, 26 Ga.App. 443 (106 S. E. 748); A. D. Adair & McCarty Bros. v. Central Bank & Trust Corp., 20 Ga.App. 811 (93 S. E...

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