Legal Opinion

Cooper v. McIlwain

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 13 opinions

Appeal from Circuit Court of Dallas. Tried before Hon. Geo. H. Cbaig. This was an action brought by tbe appellee, Mcllwaine, against tbe appellant, to recover a sum of money alleged to to be due under tbe following circumstances : Cooper, Moll-waine and one R. D. Jackson desired to purchase certain parts of a tract of land then owned by a minor, one Goldsby King, and Woods and wife, as tenants in common.

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Appeal from Circuit Court of Dallas. Tried before Hon. Geo. H. Cbaig. This was an action brought by tbe appellee, Mcllwaine, against tbe appellant, to recover a sum of money alleged to to be due under tbe following circumstances : Cooper, Moll-waine and one R. D. Jackson desired to purchase certain parts of a tract of land then owned by a minor, one Goldsby King, and Woods and wife, as tenants in common. Proceedings for a sale of this land, for division, were then pending in tbe Probate Court. In furtherance of this desire they entered into an agreement, in writing, on the 2d day of October,…

1Opinion of the CourtBrigkell, C. J.

There can be no doubt that tbe par- . ties to a contract may rescind or modify it, at pleasure; and their mutual assent is all that is necessary to support tbe modification or rescission. The agreement made by these parties on tbe 2d day of October, 1874, was by their mutual assent, expressed in writing, rescinded, and a new contract made, materially variant in stipulations and in tbe rights to which the parties were entitled. This latter contract; alone, can be regarded in ascertaining the rights and relations of the parties. It was entered into after Mcllwaine and Jackson had been fully…

2Cited by13 opinions

  1. Shriner v. CraftSupreme Court of Alabama · 1910
  2. Moore v. WilliamsonSupreme Court of Alabama · 1925
  3. Badders & Britt v. DavisSupreme Court of Alabama · 1889
  4. Westmoreland v. PorterSupreme Court of Alabama · 1883
  5. Pioneer Savings & Loan Co. v. NonnemacherSupreme Court of Alabama · 1900

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