
    SCOLES v. WRIGHT AND COLEMAN.
    Goods sold — money paid — appeal—costs on appeal.
    Where goods were sold to the defendants, and by their procurement charged to the plaintiff, who was sued by the vendee and compelled to pay for them, he may recover the money back in a suit for money paid.
    Where a defendant appeals to the Supreme Court, and the plaintiff recovers in the Appellate Court, the same or a greater sum, he recovers full costs in both courts, whether he had judgment in the court below for costs or not.
    Assumpsit for money paid, &c. Plea. Non assumpsit. On trial it was proven that Forsyth and Dobbin, of Wheeling, sold goods to the defendants and charged them, but never delivered the goods; afterwards the defendants procured F. & D. to charge them to the plaintiff, upon which they sued the plaintiff in Wheeling, Virginia, and recovered. To recover back the money so paid on said judgment, this suit is brought.
    
      S. W. Culbertson, for the defendant,
    upon this state of facts, contended that the plaintiff could not recover.
    
      James, for the plaintiff,
    moved for judgment and full costs, and cited 29 O, L. 79.
   By the Court.

The proof shows the payment of money by the plaintiff upon the procurement of the defendants, and without some evidence on their part to explain or show why this was done, he has a right to recover.

No such evidence being offered, a verdict was found for the plaintiff for sixty-three dollars.

By the Court. This case was brought up by appeal from the Court of Common Pleas by the defendants, and the recovery here is for a greater sum than was recovered in the court below. The 111th section of the practice act, 29 O. L. 78, provides that when a case is appealed by the defendant, and the plaintiff shall recover the same or a larger sum than was recovered in the Court of Common Pleas, then the Supreme Court shall render judgment for the sum so recovered, with costs. That there was no judgment in the lower court for costs, does not affect the question. We are required to render judgment in this class of cases for the whole costs, including those expended in both courts.  