57 Ala. 574
Decided December 15, 1877
Supreme Court of Alabama · decided 1877-12-15
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.
Relies on Rutherford v. McIvor · Morris v. Hall · Walker v. Mock's Administrator
Decided 1877-12-15
¶1Money 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.
¶2The 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.
¶3Affirmed.