Spiegel

In the Superior Court of the State of California,

In and for the County of Alameda.

Chris Spiegel, Plaintiff, vs. T. P. Wilbur and Alex Macdonald, Partners doing *56 business under the name and style of The Used Motor Car Co., Defendants.

This case was tried by the Court and argued upon briefs, the closing brief having been submitted to the Court on the 28th day of July, 1922. Court vacation commenced the first of August and continued until September 11th, but during vacation time, great care was given to the able briefs filed in this interesting case.

Counsel do not disagree very much as to the real facts in the case, nor was there any conflict worth mentioning in the evidence. Counsel for plaintiff rely upon the general rule that an action for money had and received can be maintained whenever one has received money from another by mistake of fact, and which the receiver ought not in equity and good conscience retain. Counsel for defendants do not dispute the general rule relied upon by plaintiff, nor question the authorities cited, but deny that the facts o£ the case at bar bring it within the purview of the rule.

It would serve no useful end to review the cases submitted…