Pendry v. Brundridge
Supreme Court of Alabama
Appeal from the Circuit Court of Crenshaw. Tried before the Hon. JOHN K. Henry. This was an appeal case from a justice of the peace to said court. During the trial in the Circuit Court, the plaintiff (appellee) was introduced as a witness, and testified that he made a verbal contract with defendant (appellant) by which •defendant agreed to furnish supplies to his laborers (tenants) for the year 1875, and that defendant was to keep the accounts of each laborer separately.
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Appeal from the Circuit Court of Crenshaw. Tried before the Hon. JOHN K. Henry. This was an appeal case from a justice of the peace to said court. During the trial in the Circuit Court, the plaintiff (appellee) was introduced as a witness, and testified that he made a verbal contract with defendant (appellant) by which •defendant agreed to furnish supplies to his laborers (tenants) for the year 1875, and that defendant was to keep the accounts of each laborer separately. Defendant furnished goods to one of the laborers (Wiley Brundridge), and some time in January, 1876, plaintiff called on…
1Opinion of the CourtStone, J.
Money paid by mistake, may be recovered •back on a count for money had and received.—Rutherford v. McIvor, 21 Ala. 750; Walker v. Meek, 39 Ala. 568.
The facts testified to by plaintiff, and not disputed by defendant, made a clear case of estoppel against the defendant, and fully justified the charge given.—1 Brick. Dig. 796, §§ 9, 10, 11; Morris v. Hall, 41 Ala. 510.
Affirmed.
2Cases cited3 opinions
- Rutherford v. McIvorSupreme Court of Alabama · 1852
- Morris v. HallSupreme Court of Alabama · 1868
- Walker v. Mock's AdministratorSupreme Court of Alabama · 1865