Burton Lumber Co. v. Wilder
Supreme Court of Alabama
Appeal from City Court of Birmingham. Tried before Hon..W. W. WilxersoN. The facts appear in the opinion. An action for money had and received may be brought where the defendant has sold or disposed of property belonging to plaintiff, although defendant has not received cash thei'efor but has taken property or the obligations of third parties. — Strickland v. Burns, 14 Ala. 511; Hughes v. Strinqfellov), 15 Ala. 324; Barnett v. Warren & Co., 82 Ala. 557. An action for money…
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Appeal from City Court of Birmingham. Tried before Hon..W. W. WilxersoN. The facts appear in the opinion. An action for money had and received may be brought where the defendant has sold or disposed of property belonging to plaintiff, although defendant has not received cash thei'efor but has taken property or the obligations of third parties. — Strickland v. Burns, 14 Ala. 511; Hughes v. Strinqfellov), 15 Ala. 324; Barnett v. Warren & Co., 82 Ala. 557. An action for money had and received can not be maintained, when there has been a conversion, unless money, or something as money has been…
1Opinion of the CourtHead, J.
We will not decide whether defendant Wilder, can, legally, be regarded as an express purchaser of the shingles from the plaintiff, whereby plaintiff would be entitled to maintain an action on the contract for goods sold and delivered ; for the position of the defendant, squarely and unequivocally taken, is, that he was not such a purchaser, and is not amenable to an action of that kind ; from which position (being regarded as well taken, for the purpose of this case), it results, under the facts disclosed by the record, that defendant is liable to as large a recovery, by the plaintiff, under…
2Cases cited11 opinions
- Huckabee v. MaySupreme Court of Alabama · 1848
- Barnett v. Warren & Co.Supreme Court of Alabama · 1886
- Hitchcock v. LukensSupreme Court of Alabama · 1838
- Stewart v. ConnerSupreme Court of Alabama · 1846
- Pike v. BrightSupreme Court of Alabama · 1856
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3Cited by5 opinions
- Farmers' Bank & Trust Co. v. Shut & KeihnSupreme Court of Alabama · 1916
- A. Paul Goodall Real Estate & Ins. v. North Birmingham American BankSupreme Court of Alabama · 1932
- Bartlett v. JenkinsSupreme Court of Alabama · 1925
- Brooks v. Greil Bros.Supreme Court of Alabama · 1912
- Turnipseed v. BurtonAlabama Court of Appeals · 1912