Day v. Broyles

This is an action for money had and received, and it is sufficient in form to sustain a recovery for money paid by plaintiff to defendant upon the execution of a contract for the purchase of realty from defendant, upon a claim that plaintiff was induced to make the purchase and pay the amount on account of the fraud of the defendant in making the sale. Chandler v. Wilder, 215 Ala. 209, 110 So. 306.

There was no necessity, therefore, for special counts, and it could work no injury to appellant to sustain demurrers to them, leaving the common count for money had and ■received.

We have often…