Nelson v. Shelby Manufacturing & Improvement Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hon. James B. Dowdell. This was an action for money had and received, and was brought by the appellant, Frank Nelson, Jr., against the appellee, The Shelby Manufacturing and Improvement Company, a domestic corporation. The complaint contained fourteen counts. Each of the first thirteen counts was for separate sums of money, and the fourteenth count was for all of these sums of money in the aggregate.
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Appeal from the Circuit Court of Shelby. Tried before the Hon. James B. Dowdell. This was an action for money had and received, and was brought by the appellant, Frank Nelson, Jr., against the appellee, The Shelby Manufacturing and Improvement Company, a domestic corporation. The complaint contained fourteen counts. Each of the first thirteen counts was for separate sums of money, and the fourteenth count was for all of these sums of money in the aggregate. The defendant pleaded non assumpsit. The plaintiff testified as a witness in his own behalf. On his cross-examination, the defendant…
1Opinion of the CourtColeman, J.
Tbe plaintiff. Nelson, sued in assumpsit to recover back money paid as a part payment for tbe purchase of certain lots sold to him by tbe defendant, (appellee.) The right to recover is based upon two grounds: first, tbe invalidity of tbe contract of sale under tbe statute of frauds; and, second, actual fraud in tbe sale of tbe lots. It is conceded that there was no note .or memorandum of tbe agreement in writing, subscribed by Nelson, tbe plaintiff, or by other person for him, as required by tbe statute. The material facts of tbe sale and purchase, so far as tbe agreement is affected by tbe…
2Cases cited35 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
30 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Barber v. StephensonSupreme Court of Alabama · 1953
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Louisville & Nashvile Railroad v. HurtSupreme Court of Alabama · 1893
- Talley v. TalleySupreme Court of Alabama · 1946
- Homan v. StewartSupreme Court of Alabama · 1893
54 more not listed; retrieve them via the Exa API.