Sorrell v. Craig
Supreme Court of Alabama
Error to the Circuit Court qf Dallas. Covenant broken by the defendant in error, against the plaintiff, upon a covenant executed by the defendant, with the testator of the plaintiff, for the lease of certain lands, and the delivery, on the 1st January, 1841, of certain articles therein mentioned.
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Error to the Circuit Court qf Dallas. Covenant broken by the defendant in error, against the plaintiff, upon a covenant executed by the defendant, with the testator of the plaintiff, for the lease of certain lands, and the delivery, on the 1st January, 1841, of certain articles therein mentioned. The defendant pleaded several pleas of performance, upon which issues were taken, and also several special pleas, which were demurred to, the fourth being in substance as follows: That since the execution of the deed, in the plaintiff’s declaration mentioned, so much of the covenants in said deed, as…
1Opinion of the CourtOrmqnd, J.
The plea relied -on in this cause, as a bar to the action, was clearly defective. A contract under seal, may be discharged by a parol executed contract, but an executory parol contract, cannot be pleaded in bar to one under seal. [1 Chitty on Pleading, 484, and cases cited; see also Barelli v. O’Conner, 6 Ala. Rep. 617, and cases cited; and McVoy v. Wheeler, 6 Porter, 201.]
The plea is also bad for uncertainty, for want of an averment of the number of horses, cattle and hogs which died, or were lo.st, without fault or neglect on his part. This was a matter peculiarly within the knowledge of…
2Cases cited5 opinions
- McMurry v. StateSupreme Court of Alabama · 1844
- Thaxton v. EdwardsSupreme Court of Alabama · 1828
- Barelli v. O'ConnerSupreme Court of Alabama · 1844
- M'Voy v. WheelerSupreme Court of Alabama · 1837
- Sorrelle's exr's v. SorrelleSupreme Court of Alabama · 1843
3Cited by1 opinion
- Fowler v. TrewhitSupreme Court of Alabama · 1846