Harper v. Claxton
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Tried before Hon. Henry D. Clayton. The appellee, Rhoda Claxton, brought this action against tbe appellant, Robert Harper, to recover one hundred and fifty dollars. Tbe complaint originally contained four counts, but was amended by striking out all but tbe first count, which was a count for money had and received. Tbe other counts were for the failure to carry out a contract for the purchase of a horse.
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Appeal from Coffee Circuit Court. Tried before Hon. Henry D. Clayton. The appellee, Rhoda Claxton, brought this action against tbe appellant, Robert Harper, to recover one hundred and fifty dollars. Tbe complaint originally contained four counts, but was amended by striking out all but tbe first count, which was a count for money had and received. Tbe other counts were for the failure to carry out a contract for the purchase of a horse. On the trial, plaintiff, as a witness in her own behalf, testified, “ that in the spring of 1872 she purchased a horse from the defendant for the sum of two…
1Opinion of the CourtBrickell, C. J.
The complaint, as amended, contained a single count for money had and received. Such a count is appropriate for the recovery of money which the defendant may have in his possession of right belonging to the plaintiff. Privity of contract is not necessary to support the count. The law implies the promise to pay, whenever the defendant has money in his hands the property of the plaintiff, and which'the defendant has no legal right to retain. If the defendant expressly promises to pay, a breach of the promise entitles the plaintiff to recover only a sum certain, or capable of being rendered…
2Cited by7 opinions
- Alabama Tailoring Co. v. JudkinsSupreme Court of Alabama · 1921
- Steiner Bros. v. ClisbySupreme Court of Alabama · 1893
- Boyett v. PotterSupreme Court of Alabama · 1886
- McCrummen v. CampbellSupreme Court of Alabama · 1886
- Gulfport Fert. Co. v. JonesAlabama Court of Appeals · 1916
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