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(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.
General Books LLC
|Country of origin:
Alabama. - Supreme Court.
||246 x 189 x 18mm (L x W x T)
||Paperback - Trade
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