Bynum v. Southern Building & Loan Ass'n

Plaintiff sued defendant on the common counts for money had and received, and recovered a judgment, which was set aside by the court on defendant’s motion for new trial. From the order granting the motion for a new trial, plaintiff has prosecuted this appeal.

The action is founded upon the doctrine of rescission (Day v. Broyles, 222 Ala. 508, 133 So. 269), which in turn, in this particular instance, is rested upon alleged fraudulent representations of defendant’s agents in the sale of certain stock of defendant corporation closely akin to the fraud charged in the recent case of Southern…