3 Ala. 37 | Ala. | 1841
The deféndant, by his-- own act, in paying over the- money, must be considered as-waiving any right to a special demands In the case-of Rathbun v. Ingalls, 7 Wend. 320, it is said that an intention formed by an agent to retain money, and communicated to-others, but not to- tlie plamtiff, would not dispense with a demand. But it is admitted' in that case, if the- intention had' been communicated to the. plaintiff, it. would have waived the- demand.
The County Court erred in instrueting- the. jury that the plaintiff could not recover without proof ©f a special demand, of the money.
Let the judgment be reversed, and the case remanded!-