Barelli v. O'Conner
Supreme Court of Alabama
Whit of error to the County Court of Mobile county. Covenant by O’Conner against Barelli and Martin, upon a lease; by the covenants of which, they bound themselves to pay rent on a day certain.
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Whit of error to the County Court of Mobile county. Covenant by O’Conner against Barelli and Martin, upon a lease; by the covenants of which, they bound themselves to pay rent on a day certain. They pleaded — 1. That they never were possessed of the demised premises. 2. Accord with satisfaction, in this, that the defendants, before the commencement of the action, paid to the plaintiff 175 dollars, in full satisfaction and discharge of the said sum of-dollars, in the breach of covenant mentioned, which the plaintiff accepted in full satisfaction and discharge of the said sum of --dollars, in…
1Opinion of the CourtGoldthwaite, J.
The objection to the evidence offered by the defendant, was of a twofold nature: 1st, It was alleged to be incompetent; 2d, It was said to be irrelevant to the issue. The rule of the ancient common law, in Blake’s case, [6 Coke 43,] is said to have been, that a contract under seal could not be discharged by one by parol; but at the present day, the proposition •is by no means true -as a general rule. It has frequently been *619held, that a contract under seal will be considered as abandoned and discharged by a subsequent executed parol contract. [Monroe v. Perkins, 9 Pick. 298; Le Fevre v. Le…
2Cases cited2 opinions
- Langworthy & Clark v. SmithNew York Supreme Court · 1829
- M'Voy v. WheelerSupreme Court of Alabama · 1837
3Cited by4 opinions
- Wallis v. LongSupreme Court of Alabama · 1849
- Nesbitt v. McGeheeSupreme Court of Alabama · 1855
- Hunt v. BarfieldSupreme Court of Alabama · 1851
- Sorrell v. CraigSupreme Court of Alabama · 1845