Locher v. Allen

Alabama Court of Appeals

Locher v. Allen

115 So. 147, 22 Ala. App. 305, 1928 Ala. App. LEXIS 15

CourtAlabama Court of Appeals

DecidedJanuary 17, 1928

Docket8 Div. 584.

StatusPublished

Cited by1 cases

This text of 115 So. 147 (Locher v. Allen) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Locher v. Allen, 115 So. 147, 22 Ala. App. 305, 1928 Ala. App. LEXIS 15 (Ala. Ct. App. 1928).

Pincite

Opinion

BRICKEN, P. J.

The complaint contained one count in Code form for money had and received.

The trial court overruled the demurrer to pleas 2 and 3. We are of the opinion that there was no error in this ruling. Friddle v. Braun, 180 Ala. 556, 61 So. 59; 34 Cyc. 476.

While the equitable action for money had and received is not founded upon the breach of a contract, a defendant in such action may plead facts showing that in equity and good conscience the plaintiff is not entitled to recover or is indebted to him in a sum greater than the sum claimed by plaintiff, if the indebtedness grows out of the transaction on which plaintiff’s claim is based.

The ruling of the trial court is affirmed.

Affirmed.

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