Hunter v. Lauderdale Cotton Mills

Opinion.

BOULDXN, J.

Prepaid freight, upon failure of the carrier to perform the contract of carriage, may be recovered in an action for money had and received, no express contract to the contrary appearing. The consideration for the advance payment having failed, the money paid becomes ex equo et bono the property of the shipper, and the law raises an implied contract to refund. Norton-Crossing Co. v. Martin, 202 Ala. 569, 81 So. 71.

Appellant does not question this rule, Dut seeks a reduction for the amount paid out under conditions stated in plea 10. Count 5 alleges that the amount claimed…