Blackman v. Dowling
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. H. D. Clayton. This,action was brought by Thomas G. Blackman, against John W. Dowling; was commenced on the 20th August, 1874r and was founded on a written contract, or promissory note, signed by the defendant, of which the following is a copy : “Ozark, Ala., Dec. 29th, 1869. By the first day of January, 1871,1 promise to pay Thomas G. Blackman two hundred dollars for his part of the mail contract on route No.…
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Appeal from the Circuit Court of Dale. Tried before the Hon. H. D. Clayton. This,action was brought by Thomas G. Blackman, against John W. Dowling; was commenced on the 20th August, 1874r and was founded on a written contract, or promissory note, signed by the defendant, of which the following is a copy : “Ozark, Ala., Dec. 29th, 1869. By the first day of January, 1871,1 promise to pay Thomas G. Blackman two hundred dollars for his part of the mail contract on route No. 6789, in Alabama; on the condition, that said route is not abolished, nor the pay by the United States is not diminished…
1Opinion of the Court
BRIOKELL, O. J.
-The questions presented by the record involve the construction of the contract on which the suit is founded. The contract is not absolute: it is subject to a condition, or a contingency, clearly expressed — the abolition of the mail-route — on the happening of which, the promissor would be discharged from all liability. And it is subject to another condition, on the happening of which there would be an abatement of the sum of money the promissor was bound to pay. The condition is a diminution by the United States of the compensation promised for the carrying of the mail on…
2Cited by6 opinions
- Jones v. LanierSupreme Court of Alabama · 1916
- Dowling v. BlackmanSupreme Court of Alabama · 1881
- Norwood Hospital, Inc. v. HowtonAlabama Court of Appeals · 1946
- Jones v. LanierSupreme Court of Alabama · 1916
- Kennedy v. HenleySupreme Court of Alabama · 1975
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