
    Tilford v. Roberts.
    ERROR to the Morgan Circuit Court.
    
      L. Reynolds and J. L. Keteham, for the plaintiff.
    
      L. Barbour, A. G. Porter and W. E. Harrison, for the defendant.
   Per Curiam.

Money paid, on an executory contract which the recipient of the payment fails to fulfill may be recovered back. Patterson v. Coats, 8 Blackf. 500.

Payment may be made in any thing which the creditor will accept as payment. Louden v. Birt, 4 Ind. R. 566.

The count for money had and received, &e., is sustained by proof that the defendant had received property which might be presumed to have been converted into money. Helvey v. The Board, &c., 6 Blackf. 317.

On the evidence, the judgment in this case is right; and it is affirmed with 5 per cent damages and costs.  