Barclift v. Peinhardt
Alabama Court of Appeals
Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Action by Mrs. M. C. Barclift against A. H. Peinhardt to recover money paid on the sale of some property. Judgment for defendant, and plaintiff appeals. The money paid is held as money had and received for the use of the owner, and a previous demand is not necessary. 96 Ala. 515; 11 South. 695, 38 Am.
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Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Action by Mrs. M. C. Barclift against A. H. Peinhardt to recover money paid on the sale of some property. Judgment for defendant, and plaintiff appeals. The money paid is held as money had and received for the use of the owner, and a previous demand is not necessary. 96 Ala. 515; 11 South. 695, 38 Am. St. Rep. 116. The lease was not competent evidence because not properly witnessed. 141 Ala. 499, 38 South. 641; 139 Ala. 226, 35 South. 706, 101 Am.-St Rep. 29; section 3355, Code 1907. The contract was void under the statute of frauds…
1Opinion of the Court
Accepting the conclusions of the trial judge as to the facts, as necessarily evidenced by the judgment rendered, the facts necessary to a decision of this case are as follows:
The defendant owned an undivided interest in and to a certain house and lot in Cullman, Ala.; the other interest being owned by defendant's three minor children. On December 16, 1919, defendant agreed to sell this house and lot to plaintiff, and plaintiff agreed to purchase, at and for the sum of $3,500. One thousand dollars was paid in cash, the remainder to be paid or secured upon the perfection and delivery of the…
2Cases cited7 opinions
- Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Scott v. BushMichigan Supreme Court · 1873
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Jebeles-Colias Conf. Co. v. BoozeSupreme Court of Alabama · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lightsey v. StoneSupreme Court of Alabama · 1951
- Stacey v. StaceySupreme Court of Alabama · 1947
- Smith v. ThomasSupreme Court of Alabama · 1931
- Oakdale Land Company v. FieldingAlabama Court of Appeals · 1960