Drake v. Whaley

Citations

• 35 S.C. 187
• 14 S.E. 397
• 1892 S.C. LEXIS 142

Syllabus

<p>1. Lien — Implied Contract — Money Had and Received. — A tenant shipped to his factors cotton subject to a lien for rent, with instructions to sell the same and apply the proceeds to the payment of the landlord of such rent. The factors received the cotton under these instructions and with knowledge of the lien existing thereon, and sold the same, but refused to turn over the proceeds to the landlord in payment of the rent. Held, that the landlord had a right of action against the factors to recover the proceeds of this cotton under their implied contract to pay to him this money had and received by them to his use.</p>