Messer-Moore Insurance & Real Estate Co. v. Trotwood Park Land Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by the Trotwood Park Land Company against the Messer-Moore Iusurance & Beal Estate Company, and Messer for money had and received. Judgment for plaintiff and defendant appeals. Before the agent can be held responsible he must be given notice of an election to hold him responsible before he pays the money over to the principal. — Eufemia G. Go. v. Mo.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by the Trotwood Park Land Company against the Messer-Moore Iusurance & Beal Estate Company, and Messer for money had and received. Judgment for plaintiff and defendant appeals. Before the agent can be held responsible he must be given notice of an election to hold him responsible before he pays the money over to the principal. — Eufemia G. Go. v. Mo. Bank, 118 Ala. 408; Crutchfield v. Wood, 16 Ala. 702; Norsioorthy v. Upchurch, 15 Ala. 705; Thompson v. Slickney, 6 Ala. 579. The court erred iu rendering judgment against…
1Opinion of the CourtMcCLELLAN, J.
This cause of action, set forth in counts for money clue on an account, or an account stated, and for money received by defendants to' plaintiff’s (appellee’s) use, proceeds, as appears from the evidence, on the theory that the Messer-Moore Insurance & Beal Estate Company, a corporation, of which the other defendant, Messer, was the president and active representative in sales of real estate, secured in breach of good faith, and loyalty, a profit in a transaction for the sales of a part of plaintiff’s “Trotwood Park” property while acting as the agent of plaintiff in the sale of said…
2Cases cited1 opinion
- Eufaula Grocery Co. v. Missouri National BankSupreme Court of Alabama · 1897
3Cited by6 opinions
- Dodson v. Economy Equipment Co.Washington Supreme Court · 1936
- O'Neal v. BushTexas Supreme Court · 1915
- O'Neal v. Bush & TillarTexas Supreme Court · 1917
- Williams v. KasalSupreme Court of Alabama · 1983
- Moseley v. RitterSupreme Court of Alabama · 1932
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