 | Nicholas Hill - Law reports, digests, etc - 1883 - 786 pages
...lie:" and it was added — " The whole extent of the doctrine, as gathered from the books, seems to be. that one whose goods have been taken from him, or...right to an action of trespass or trover, may, if tht icrmigdoer sell the goods and receive the money, waive the tort, affirm the sale, and have an action... | |
 | Edwin Hamlin Woodruff - Quasi contracts - 1905 - 718 pages
...court says (p. 290') : "The whole extent of the doctrine, as gathered from the books, seems to be, that one whose goods have been taken from him or detained...the wrongdoer sell the goods and receive the money, waive the tort, affirm the sale, and have an action for money had and received for the proceeds. See... | |
 | James Parker Hall, James De Witt Andrews - Law - 1910 - 468 pages
...allow the action, saying: "The whole extent of the doctrine, as gathered from the books, seems to be that one whose goods have been taken from him or detained unlawfully, whereby he has a right to (3) 10 M. & W. 340. (4) 5 Pick. (Ma«s.) 285. an action of trespass or trover, may, if the wrongdoer... | |
 | Frederic Campbell Woodward - Quasi contracts - 1913 - 576 pages
...Chief Justice PARKER said : "The whole extent of the doctrine, as gathered from the books, seems to be, that one whose goods have been taken from him or detained...the wrongdoer sell the goods and receive the money, waive the tort, affirm the sale, and have an action for money had and received for the proceeds." In... | |
 | Edson Read Sunderland - Pleading - 1914 - 860 pages
...contractu will not lie. The whole extent of the doctrine, as gathered from the books, seems to be, that one whose goods have been taken from him or detained...the wrong-doer sell the goods and receive the money, waive the tort, affirm the sale, and have an action for money had and received for the proceeds. No... | |
 | Edward Sampson Thurston - Quasi contracts - 1916 - 652 pages
...contractu will not lie. The whole extent of the doctrine, as gathered from the books, seems to be, that one whose goods have been taken from him or detained...wave the tort, affirm the sale, and have an action for money had and received for the proceeds. No case can be shown where assumpsit as for goods sold... | |
 | Edward Sampson Thurston - Quasi contracts - 1916 - 650 pages
...contractu will not lie. The whole extent of the doctrine, as gathered from the books, seems to be, that one whose goods have been taken from him or detained...right to an action of trespass or trover, may, if die wrongdoer sell the goods and receive the money, wave the tort, affirm the sale, and have an action... | |
 | Edwin Roulette Keedy - Agency (Law) - 1924 - 862 pages
...doctrine, that the injured party may waive the tort and bring assumpsit, is allowed only to this extent, that one whose goods have been taken from him or detained...the wrongdoer sell the goods and receive the money, waive the tort, affirm the sale, and have an action for money had and received for the proceeds. So,... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1877 - 784 pages
...and PAEKKR, CH. J., said: "The whole extent of the doctrine as gathered from the books seems to be, that one whose goods have been taken from him or detained...the wrong-doer sell the goods and receive the money, waive the tort, affirm the sale and have an action for money had and received for the proceeds." In... | |
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The whole extent of the doctrine, as gathered from the books, seems to be that one whose goods have been taken from him or detained unlawfully, whereby he has a right to an action of trespass or trover, may, if the wrongdoer sell the goods and receive... 
