Garner v. Hall & Farley
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. J. W. Foster. This action was brought by the appellees, Hall & Farley, against the' appellant B. P. Garner ; and counted upon a promissory note, which was shown to have been duly assigned to the plaintiffs and was commenced on December 24, 1895. The note sued upon and set out in the complaint was in words and figures as follows : “$100.00 Ozark, Ala., April 2, 1897. I promise to pay to the Alabama Midland Railway…
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Appeal from the Circuit Court of Dale. Tried before the Hon. J. W. Foster. This action was brought by the appellees, Hall & Farley, against the' appellant B. P. Garner ; and counted upon a promissory note, which was shown to have been duly assigned to the plaintiffs and was commenced on December 24, 1895. The note sued upon and set out in the complaint was in words and figures as follows : “$100.00 Ozark, Ala., April 2, 1897. I promise to pay to the Alabama Midland Railway Company, as now chartered under the general railroad laws of this State, or any amendment that may hereafter be made…
1Opinion of the Court
COLEMAN, J. —
The contract sued on in this case is an exact copy in all material respects of the contract sued upon, in the case of Hall v. Sims, 106 Ala. 561. Unless we depart from the construction placed upon the contract in that case, this case must be reversed. In construing the contract in that case we said : “But it is evident the parties understood that the road might be completed at an earlier date than the first of October; and that it was their design to mature the note earlier than that date, if, and when the road should be earlier completed.” We are of opinion that this is the…
2Cases cited1 opinion
- Hall v. SimsSupreme Court of Alabama · 1894
3Cited by2 opinions
- Stone v. WalkerSupreme Court of Alabama · 1917
- Garner v. Hall & FarleySupreme Court of Alabama · 1898