Westmoreland v. Davis
Supreme Court of Alabama
THIS case comes here by writ of error, from the Circuit Court of Franklin. By the record, it appears that the plaintiffs in error brought an action of assumpsit against the defendant for goods, wares and merchandize sold and delivered. The case was tried upon the general issue. On the trial, an exception was taken to the refusal of the presiding Judge, to instruct the jury as requested by the plaintiffs, and to the charge given by him.
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THIS case comes here by writ of error, from the Circuit Court of Franklin. By the record, it appears that the plaintiffs in error brought an action of assumpsit against the defendant for goods, wares and merchandize sold and delivered. The case was tried upon the general issue. On the trial, an exception was taken to the refusal of the presiding Judge, to instruct the jury as requested by the plaintiffs, and to the charge given by him. From the bill of exceptions, it appears that the plaintiffs, to support their action, introduced and proved an account, for merchandize sold by them to on©…
1Opinion of the CourtCollier, C. J.
— The action of assumpsit is sustainable where there is an express parol contract; or where the circumstances of the transaction are such that the law will imply a contract. (I Chitty’s PI. SS.) Thus, if one man receives money for the Use of another, the law will imply a promise by the receiver, to pay the money to him for whose use it was received. But notwithstanding, this action, when founded upon a general implied liability, is greatly favored as a remedy, and has some*301times been likened to a bill in equity, it cannot be maintained unless the plaintiff shows a legal right. (2 Starkie’s Ev.…
2Cited by9 opinions
- Allen v. M. Mendelsohn & SonSupreme Court of Alabama · 1922
- Lothrop v. DuffieldMichigan Supreme Court · 1903
- Davis v. TarverSupreme Court of Alabama · 1880
- Farrell v. Anderson-Dulin-Varnell Co.Supreme Court of Alabama · 1924
- Phillips v. BensonSupreme Court of Alabama · 1886
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