A Treatise On the Law of Quasi-Contracts
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Clark V. Baker, 5 Met. 452.
DEFENDANT IN DEFAULT UNDER A CONTRACT. 303 enrichment of the plaintiff at the expense of the defendant, a recovery should be all owed.^ '^ If the plaintiff offer to restore to the defendant all that he has received from him under the contract, and tlie defen- dant refuse to accept a return thereof, the action can be maintained.^ A recovery can be had without an offer on the part of the plaintiff to make restitution, however, if that which he received under the contra...ct had no relation to the money which the plaintiff seeks to recover, and can be treated as something entirely separate and distinct. Thus in Wright v.
Colls 3 it was held that one who, though he had been let into possession of premises, had paid without reference to the possession thereof a bonus for a lease, could recover the money so paid, the defendant failing to execute the lease.
On the same principle, it was held in Manning v. Humphreys * that a plaintiff who had purchased several articles of merchan- dise, each at a price fixed with sole reference to the sale of that particular article, could recover the money paid for any one article because of a failure of consideration as to that article, though he retained the others.
What to read after A Treatise On the Law of Quasi-Contracts?
You can find similar books in the "Read Also" column, or choose other free books by Keener, William A. (William Albert), 1856-1913 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Clark V. Baker, 5 Met. 452.
DEFENDANT IN DEFAULT UNDER A CONTRACT. 303 enrichment of the plaintiff at the expense of the defendant, a recovery should be all owed.^ '^ If the plaintiff offer to restore to the defendant all that he has received from him under the contract, and tlie defen- dant refuse to accept a return thereof, the action can be maintained.^ A recovery can be had without an offer on the part of the plaintiff to make restitution, however, if that which he received under the contra...ct had no relation to the money which the plaintiff seeks to recover, and can be treated as something entirely separate and distinct. Thus in Wright v.
Colls 3 it was held that one who, though he had been let into possession of premises, had paid without reference to the possession thereof a bonus for a lease, could recover the money so paid, the defendant failing to execute the lease.
On the same principle, it was held in Manning v. Humphreys * that a plaintiff who had purchased several articles of merchan- dise, each at a price fixed with sole reference to the sale of that particular article, could recover the money paid for any one article because of a failure of consideration as to that article, though he retained the others.
What to read after A Treatise On the Law of Quasi-Contracts?
You can find similar books in the "Read Also" column, or choose other free books by Keener, William A. (William Albert), 1856-1913 to read onlineMoreLess
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