Legal Definitions - money count

A money count is a specific type of claim made in a lawsuit where a plaintiff (the person bringing the suit) seeks to recover a sum of money from a defendant (the person being sued). This claim is typically based on the idea that the defendant has received money or something of value that, in fairness and good conscience, belongs to the plaintiff, even if there isn't a formal, written contract explicitly stating the obligation. It's a way to recover money owed under an implied agreement or a general legal duty to pay.

Here are some examples illustrating a money count:

• Example 1: Services Paid For But Not Rendered

  Imagine a homeowner pays a contractor $1,000 upfront to repair a leaky roof, but the contractor never shows up to do the work and keeps the money. There might not be a detailed written contract specifying a refund policy, but the law implies an obligation for the contractor to either perform the service or return the payment for unrendered services.

  How it illustrates the term: The homeowner could include a "money count" in a lawsuit, claiming the $1,000 back. This claim asserts that the contractor possesses money that, in good conscience, belongs to the homeowner because the promised service was not delivered, creating an implied obligation to return the funds.

• Example 2: Mistaken Overpayment

  Consider a small business that accidentally pays a utility company $500 twice for the same monthly bill due to an accounting error. The utility company acknowledges the overpayment but refuses to return the extra $500.

  How it illustrates the term: The business could file a lawsuit including a "money count" to recover the mistakenly paid $500. The claim is that the utility company has money that, in fairness, belongs to the business, creating an implied obligation to return the overpayment, regardless of a specific contractual clause for such an error.

• Example 3: Goods Received Without Formal Payment Agreement

  Suppose a restaurant owner regularly orders fresh produce from a local farm. One week, the farm delivers a large shipment of specialty mushrooms, which the restaurant accepts and uses in its dishes. However, there was no specific written contract for this particular order, and the restaurant owner later refuses to pay the agreed-upon market price for the mushrooms.

  How it illustrates the term: The farm could bring a lawsuit including a "money count" to recover the value of the mushrooms. By accepting and using the produce, the restaurant created an implied obligation to pay a reasonable price, even without a formal written agreement for that specific delivery. The claim is for money owed for goods received and utilized.