Christie v. Durden
Supreme Court of Alabama
Appeal from Circuit Court, Dallas County; B. M. Miller, Judge. Action by Claude Durden against E. C. Christie. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The action as brought and the facts as testified to did not authorize the judgment rendered. 145 Ala. 676. The appellant proved his plea of statute of frauds and was entitled to a judgment.
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Appeal from Circuit Court, Dallas County; B. M. Miller, Judge. Action by Claude Durden against E. C. Christie. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The action as brought and the facts as testified to did not authorize the judgment rendered. 145 Ala. 676. The appellant proved his plea of statute of frauds and was entitled to a judgment. Plaintiff could waive the tort and bring the action for money had and received. 124 Ala. 570, 27 South. 245, 82 Am. St. Rep. 205; 127 Ala. 279, 28 South. 476; 149 Ala. 196, 42…
1Opinion of the CourtThomas, J.
[1] The trial was had before the trial judge, without a jury, on testimony given ore tenus, and judgment was rendered for plaintiff. The assignment of error was “in rendering the judgment in behalf of the appellee in this case.”
The trial court had the witnesses before it and the opportunity to observe their demean- or in testifying, and its finding of facts is equivalent to the verdict of a jury. Gray v. Handy, 204 Ala. 559, 86 South. 548; Finney v. Studebaker Corp., 196 Ala. 422, 72 South. 54; Ray v. Watkins, 203 Ala. 683, 85 South. 25; Hackett v. Cash, 196 Ala. 403, 72 South. 52; Andrews v.…
2Cases cited31 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Andrews v. GreySupreme Court of Alabama · 1917
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
- Saunders v. McDonoughSupreme Court of Alabama · 1914
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