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action for restitution agent agreed agreement amount applies beneficiary bill Blackacre bona fide purchaser cause choses in action claim co-obligor condition conferred a benefit constructive trust conveyance court of equity creditor debt defense discharge drawee duress duty of restitution enforce entitled to recover entitled to resti entitled to restitution equitable equitable lien erroneously believing existence fiduciary fraudulent gift Illustration indorses induced innocent intended interest liable lien ment mistake of fact mistake of law mistaken belief mistakenly believing mortgage ordinarily owed owner paid parties payable payee payor is entitled pays value performance person is entitled principal obligor promise reason to know receives payment recovery remedy rendered rescind rescission Restatement of Contracts restitution is granted right to restitution rule Section is applicable sells situations statute subject matter subrogated surety thereby thereon third person tion tort tortious trans transaction transfer transferor tution unjust enrichment unless