Reports of Cases Argued and Determined in the Supreme Court of Alabama (Volume 72) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1884. Excerpt: ... INDEX. ACCOUNT. 1. Open account.--A demand arising out of contract, the terms of which have not been agreed on between the parties, Whether it consists of one item or more, is an open account, within the bar of the statute of limitations of three years; so, also, is a demand for personal or professional services rendered, the value of which can only be recovered on a quantum meruit; but a claim for money paid on request, under circumstances from which the law implies a promise to repay, is not an open account. GayWs Admr r. Johnston, 254. 2. Same; professional services of physician.--A demand for profes sional services as a physician, rendered to the intestate in his lifetime, is an open account, when the value of the services was not agreed on between the parties; and the frequent expressions and declarations of the intestate, showing an anxiety that the claim should be paid, but not admitting an indebtedness in anv particular sum, can not change the character of the demand, lb. 2o4. 3. Same; burial expenses.--Burial expenses of the decedent, which necessarily devolve on his friends and relations before the grant of administration, are regarded as money paid on the request of the personal representative, and the law implies a promise on his part to repay it; and a claim for such expenses, so paid, is not an open account. lb. 554. ACTION. 1. When action lies for money hud and received.--An action for money had and received is an equitable remedy, and lies whenever the defendant has received money which in good conscience he ought not to retain, and which, e.r trijun et bono, Ijelongs to the plaintiff. P.