Williams v. Barksdale
Supreme Court of Alabama
Appeal from Circuit Court of Mobile. Tried before Hon. H. T. ToulmiN. This was an action brought by the appellee, Barksdale, against the appellant, Williams, to recover a balance due upon account.
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Appeal from Circuit Court of Mobile. Tried before Hon. H. T. ToulmiN. This was an action brought by the appellee, Barksdale, against the appellant, Williams, to recover a balance due upon account. It appears that in the year 1876, Williams, being engaged in the turpentine business, made a contract with one Tilman to operate a certain turpentine orchard, known as the “Tilman orchard,” under which Tilman agreed to pay to Williams one hundred and fifty-four dollars, to attend to the work and overseer the hands, and Williams was to pay the hire and furnish provisions for the hands engaged, and to…
1Opinion of the CourtStone, J.
The testimony in this record fails to explain very accurately the two several contracts, about which the witnesses speak. Its tendency is to show that Williams contracted to sell or lease the two turpentine orchards to Til-man and Browning, and to advance to them money with which to pay the wages and subsistence of the laborers. Williams was to receive and sell the turpentine, and out of the proceeds, reimburse himself for the advances, and then pay himself $154 due from Tilman, and $1,073 due from Browning. After this, “all the orchard was to belong to Tilman.” The Browning contract differed…
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