Legal Opinion

People's Co-operative Ass'n v. Lloyd

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 8 opinions

Action for Breach of Special Contract of Employment. Appeal from the City Court of Selma. Tried before the Hon. Jona. Haralson.

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Action for Breach of Special Contract of Employment. Appeal from the City Court of Selma. Tried before the Hon. Jona. Haralson. This action was brought by Isaac D. Lloyd against the appellant, a private domestic corporation, to recover damages for the breach of an agreement, by which, in consideration of plaintiff’s performance of services as a clerk in defendant’s store, the defendant undertook and promised to pay him $55 per month, from the 1st January, to the 1st September, 1883, but discharged him, without fault, before the expiration of the term; and was commenced on the 30th November,…

1Opinion of the CourtStone, C. J.

One of the provisions of the act creating the Selma City. Court makes it our duty, on appeal from that court’s findings on fact, to “review the same without any presumption in favor of the ruling of the court below' on the evidence.” - Sess. Acts 1874-5, pp. 386, 390. This, in ordinary cases, would place this court at a great disadvantage. That court examines witnesses ore tenus, and can observe their manner while testifying. It goes without saying, that much of the credit we accord to oral communications made to us depends on the manner and appearance of the narrator. The witnesses come not…

2Cases cited2 opinions

  1. State ex rel. Lott v. BrewerSupreme Court of Alabama · 1879
  2. Holloway v. TalbotSupreme Court of Alabama · 1881

3Cited by8 opinions

  1. Kramer v. Wolf Cigar Stores Co.Texas Supreme Court · 1906
  2. Billetter v. PosellCalifornia Court of Appeal · 1949
  3. Hussey v. HollowayMassachusetts Supreme Judicial Court · 1914
  4. Chisholm v. Preferred Bankers' Life Assurance Co.Michigan Supreme Court · 1897
  5. Trawick v. Peoria & Ft. C. St. Ry. Co.Appellate Court of Illinois · 1896

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