Paulk v. Jasper Land Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. This was an action for money had and received, brought by the appellant, James A. Paulk, against the appellee, the Jasper Land Company, on July 27th, 1891. The plaintiff claimed the money sued for as having been paid under a contract, which was signed by the plaintiff on March 16th, 1888, which the. plaintiff in his complaint alleges was never signed by the defendant.
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Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. This was an action for money had and received, brought by the appellant, James A. Paulk, against the appellee, the Jasper Land Company, on July 27th, 1891. The plaintiff claimed the money sued for as having been paid under a contract, which was signed by the plaintiff on March 16th, 1888, which the. plaintiff in his complaint alleges was never signed by the defendant. This contract was in words and figures as follows: “ Agreement of Jasper Land Company. Whereas the Jasper Land Company proposes to sell or cause to…
1Opinion of the CourtHaralson, J.
This action was commenced in the court below by the appellant against- the appellee ; and its object, as shown by the several counts in the complaint, was to recover money had and received by the defendant for the use of the plaintiff. The contract under which the^ money was paid, related to a sale of land by the defendant to the plaintiff, and the right of recovery was sought on the grounds, that the contract was void under the statute of frauds ; that it did not designate what land was sold, and was void on that account for uncertainty; that the defendant, the owner of the lands, which it…
2Cases cited2 opinions
- Yellow-Stone Kit v. StateSupreme Court of Alabama · 1889
- Reeves v. StateSupreme Court of Alabama · 1894
3Cited by1 opinion
- Burks v. HarrisSupreme Court of Arkansas · 1909