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EMPIRE OIL COMPANY v. LYNCH

39454.

106 Ga. App. 42 (1962)

126 S.E.2d 478

EMPIRE OIL COMPANY v. LYNCH.

Court of Appeals of Georgia.

Rehearing Denied May 16, 1962.

Attorney(s) appearing for the Case

Myrick & Myrick, Shelby Myrick, for plaintiff in error.

Findley, Shea, Friedman, Gannam, Head & Buchsbaum, Erwin A. Friedman, Bart E. Shea, contra.

CARLISLE, Presiding Judge.

1. "`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 SE 748); Whitehead v. Peck, 1 Ga. 140 (3); Knight v. Roberts, 17 Ga.App. 527 (87 SE 809). In such an action...

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