Cope v. Williams
Supreme Court of Alabama
This was an action of assumpsit in the Circuit Court of Pike, by the defendant in error against the plaintiff. The declaration contains the common counts, for Avork and labor done, goods, Avaros and merchandise sold and delivered, money lent advanced, paid, laid out and expended, money had and received, and upon an account stated. The cause was tried on the pleas of non assumpsit, set off and payment.
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This was an action of assumpsit in the Circuit Court of Pike, by the defendant in error against the plaintiff. The declaration contains the common counts, for Avork and labor done, goods, Avaros and merchandise sold and delivered, money lent advanced, paid, laid out and expended, money had and received, and upon an account stated. The cause was tried on the pleas of non assumpsit, set off and payment. At the trial the defendant excepted to the instructions of the presiding Judge to the jury. From the bill of exceptions it appears that the defendant had sold to the plaintiff the quarter of a…
1Opinion of the CourtCollier, C. J.
In Allen v. Booker, [2 Stew. Rep. 21,] it was determined that an action of assumpsit lies to recover back money paid on the purchase of land by parol, on the ground that such a contract ivas void by the statute of frauds. It is not expressly shown by the report of the case, that the purchaser was even in the possession of the land, or whether he did any act indicative of an intention not to perform the contract on his part other than to bring suit. And the Court *364place their conclusion upon the reason, that as payment of part of the purchase money, did not take the case out of the statute «f…
2Cases cited2 opinions
- Allen v. BookerSupreme Court of Alabama · 1829
- Meredith v. NaishSupreme Court of Alabama · 1830
3Cited by11 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Flinn v. BarberSupreme Court of Alabama · 1879
- Gillespie v. BattleSupreme Court of Alabama · 1849
- Donaldson's Adm'r v. Waters' Adm'rSupreme Court of Alabama · 1857
- Houston v. HiltonSupreme Court of Alabama · 1880
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