American Law And Procedure
American Law And Procedure
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In our eReader you can find the full English version of the book. Read American Law And Procedure Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book American Law And Procedure
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That is to say, in the case supposed, he will recover $150. What is the principle back of thisf The real question involved is, what is the amount of the unjust enrichment which B has obtained at the expense of A! Is it $100, or 150 1 The view which the courts have taken is this: The $150 is the substitute for the horse and it would not be just to allow the de- fendant to take the plaintiff's property, sell it, and re- tain any of the proceeds of the same. They accordingly hold that the measure ...of damage in the assumpsit action is the amount actually received for the plaintiff's prop- erty by the defendant. This rule, it will be noticed, works both ways. For example, if the defendant received only $75 for tiie horse, although he was worth $100, and the Digitized by CjOOQIC 172 QUASI-CONTRACTS plaintiff were to bring an action for money had and re- ceived, all that he could recover would be $75.
§ 11. The quasi-contract arises when the money is re- ceived. Statute of limitations. The action then in this class of cases is brought upon the theory that the money received by the defendant is received in exchange for the plaintiff's property and in equity should be paid to the plaintiff.
What to read after American Law And Procedure?
You can find similar books in the "Read Also" column, or choose other free books by Hall, James Parker, 1871-1928, Ed to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
That is to say, in the case supposed, he will recover $150. What is the principle back of thisf The real question involved is, what is the amount of the unjust enrichment which B has obtained at the expense of A! Is it $100, or 150 1 The view which the courts have taken is this: The $150 is the substitute for the horse and it would not be just to allow the de- fendant to take the plaintiff's property, sell it, and re- tain any of the proceeds of the same. They accordingly hold that the measure ...of damage in the assumpsit action is the amount actually received for the plaintiff's prop- erty by the defendant. This rule, it will be noticed, works both ways. For example, if the defendant received only $75 for tiie horse, although he was worth $100, and the Digitized by CjOOQIC 172 QUASI-CONTRACTS plaintiff were to bring an action for money had and re- ceived, all that he could recover would be $75.
§ 11. The quasi-contract arises when the money is re- ceived. Statute of limitations. The action then in this class of cases is brought upon the theory that the money received by the defendant is received in exchange for the plaintiff's property and in equity should be paid to the plaintiff.
What to read after American Law And Procedure?
You can find similar books in the "Read Also" column, or choose other free books by Hall, James Parker, 1871-1928, Ed to read onlineMoreLess
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