White v. Wood
Supreme Court of Alabama
Error to the Circuit Court of Marion. Before the Hon. S. Chapman. Action of assumpsit, for money had and received, by plaintiff, against defendant in error. By the bill of exceptions, it appears, that Wood had sold to White a tract of land, at the price of $700, of which the latter paid $150 in cash.
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Error to the Circuit Court of Marion. Before the Hon. S. Chapman. Action of assumpsit, for money had and received, by plaintiff, against defendant in error. By the bill of exceptions, it appears, that Wood had sold to White a tract of land, at the price of $700, of which the latter paid $150 in cash. That the contract was subsequently rescinded by mutual consent; and that during a conversation on the subject of the rescission, between plaintiff, one Moss, acting as the agent of defendant, and Standifer, who had previously sold and conveyed the land to defendant, but the purchase money of…
1Opinion of the Court
CHILTON, J..
The plaintiff in error, having paid Wood $150, in part performance of his agreement to pay him $700, for the land, was entitled, upon their mutual agreement to rescind the contract, to have the amount paid, refunded him, unless he waived his right in some way in the negotiation. The proof shows, that when the contract was rescinded by the parties, nothing was said about the amount paid by the plaintiff to the defendant.
The rule is, that when contracts are rescinded, in the absence óf a controlling agreement, the parties are to be restored to their former rights, and placed in the…
2Cases cited2 opinions
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
- Griggs v. WoodruffSupreme Court of Alabama · 1848
3Cited by5 opinions
- Davis v. OrmeSupreme Court of Alabama · 1860
- Nason v. WoodwardSupreme Court of Iowa · 1864
- Lea v. CassenSupreme Court of Alabama · 1878
- Thiele v. CareyNebraska Supreme Court · 1909
- Virginia Shipbuilding Corp. v. United States Shipping Board Emergency Fleet Corp.District Court, E.D. Virginia · 1923