Lunsford v. First Nat. Bank of Birmingham

This is an action indebitatus assumpsit for' money had and received, resulting in a judgment for the defendant.

The money sought to be recovered was paid by the plaintiff to the defendant in satisfaction of ten promissory notes executed by the plaintiff to the W. E. II. Improvement Corporation on the 13th day of January, 1929, representing installments on the purchase price of “Lot 45 in Block 2, according to the plan and survey of West End Highlands,” as evidenced by writing of the same date as the notes, the total purchase price being $1,-275, $425 of which was paid in cash to the…