IRRIGATION ASS'N v. FIRST NAT. BANK OF FRISCO

No. 05-88-00138-CV.

773 S.W.2d 346 (1989)

IRRIGATION ASSOCIATION, Appellant, v. FIRST NATIONAL BANK OF FRISCO, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied May 5, 1989.


Attorney(s) appearing for the Case

James E. Pennington, Dallas, for appellant.

Jack M. Kuykendall, Dallas, for appellee.

Before HOWELL, STEWART and THOMAS, JJ.


HOWELL, Justice.

In this case, we are called upon to probe the law of assignments and to decide the circumstances whereby a party who pays but who does not receive the bargained performance may demand the refund of his money, not only from his promisor but from the assignee of his promisor. Under the circumstances here present, we hold that the paying party may demand refund from the assignor-promising party but not from the assignee of the promising party.

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