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agent agreed agreement beneficiary Blackacre bona fide purchaser choses in action claim co-obligor conferred a benefit conveyance court court of equity creditor debt defense discharge drawee duress duty of restitution entitled to indemnity entitled to recover entitled to reimbursement entitled to resti entitled to restitution equity erroneously believing existence forged fraud or misrepresentation fraudulent gift holder Illustrations indorses induced innocent instrument intended interest liable lien ment mistake of fact mistake of law mistaken belief mistakenly believing mortgage negligence negotiable instrument obtains a judgment ordinarily owed owner paid value parties payable payee payor is entitled pays performance principal obligor promise reason to know receives payment rendered rescind rescission Restatement of Agency Restatement of Contracts Restitution A.L.I. right to restitution sells situations specific statute subject matter subrogated surety thereby thereon third person tion tort trans transaction transfer transferor tution unjust enrichment unless voidable