Armstrong v. Tait
Supreme Court of Alabama
Writ of Error to the County Court of Dallas. This was an action of assumpsit at the suit of the plaintiff in error, upon a writing subscribed by the defendant, of the following tenor, viz: “$6Q in shucks.
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Writ of Error to the County Court of Dallas. This was an action of assumpsit at the suit of the plaintiff in error, upon a writing subscribed by the defendant, of the following tenor, viz: “$6Q in shucks. On the first day of January next I promise to pay Thomas Armstrong, sixty dollars, to be paid in corn shucks, this 18th December, 1843.” The declaration al-ledges a failure to deliver the shucks, upon a demand duly made, at the defendant’s house, by the plaintiff: and to this the defendant pleaded a tender of shucks equal in value to the. amount of the note declared on, at his (defendant’s)…
1Opinion of the CourtCollier, C. J.
Upon a mere inspection of the writing declared on, we should not have supposed it to evidence a promise seriously made, and intended to be enforced, by the delivery of the specific article undertaken to be paid. But the contract, as presented' on the record is certainly legal, and the earnestness with which the matter was litigated below, very conclusively shows that the controversy is real.
*638The question to be considered is, whether the facts proved show a tender, or such a readiness to perform on the part of the defendant, as to furnish an answer • to the action. It must be conceded, that the…
2Cases cited6 opinions
- Smith v. LoomisSupreme Court of Connecticut · 1828
- McMurry v. StateSupreme Court of Alabama · 1844
- Thaxton v. EdwardsSupreme Court of Alabama · 1828
- Garrard v. ZachariahSupreme Court of Alabama · 1828
- Cobb v. ReedSupreme Court of Alabama · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Maples v. DouglassSupreme Court of Alabama · 1920
- Powe's Admr's v. PoweSupreme Court of Alabama · 1868
- Dukes v. LeowieSupreme Court of Alabama · 1848
- Carmack v. McKinneyAlabama Court of Appeals · 1913