Tuscaloosa Motor Co. v. Cockrell

SIMPSON, Justice.

The Court of Appeals reversed the judgment of the trial court on the ground that the plaintiff had failed to satisfy the prerequisites of rescission and restoration necessary to the maintenance of an action for money had and received. The Court of Appeals further held because there was this failure to show a rescission the court was in error in refusing the affirmative charge with hypothesis requested by defendant on Count 2 for money had and received.

There was a general verdict in favor of the plaintiff for $600. According to the findings of fact by the Court of Appeals, the…